Full text of "Journal of the Senate of the Commonwealth of Kentucky, December 7, 1818 - February 10, 1819"

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JOURNAL

01? THE

FRANKFORT:

FEINTED ST KENDALL AND BUSSELLS,

22/.HTERS TO THE STATE

■^Jl*a[?orfT»

ZMai. ■MW hi

IlEGUN AND HELD IN THE TOWN OF FRANKFORT, ON MON¬
DAY THE SEVENTH DAY OF DECEMBER 1 8 1 8, AND OF THE
COMMONWEALTH THE TWENTY-SEVENTH.

SEN1T

OF THE

COMMONWEALTH OF KENTUCKY.

JOURNAL OF THE SENATE,

-II

A T A GENERAL ASSEMBLY, begun and held for the
commonwealth of Kentucky, at the capitol in the town
.of Frankfort, on Monday the seventh day ot Decemuer, one
thousand eight hundred and eighteen, and of the common¬
wealth the twenty-seventh. m ..

It being the day appointed by law for the annual meeting
of the general assembly, the following members of the senate
anneared and took their seats, to wit:

From the county of Fayette, William T. Barry ; from the
county of Henry, Anthony Bartlett; from the counties of
'Woodford and Jessamine, William B. Blackburn; from the
.county of Bourbon, Jesse Bledsoe $• from the county of Mer¬
cer, John L. Bridges ; from the counties of Mason and
Lewis, James Chambers ; from the counties of Jefferson and
Bullitt, Samuel Churchill; from the county of Hardin, James
Crutcher; from the counties of Franklin and Gallatin, He.n-
,ry Davidgc ; from the counties of Lincoln and Rockc astle,
Tames Davidson; from the county of Garrard, John 'Faulk¬
ner; from the county of Shelby, James Ford : fiyom the
counties of Livingston and Caldwell, Dickson .Giv^n ; from
the counties of Pulaski and Casey. John Gtiftin; from the
county of Washington, Thomas G. Harrison ; from the
counties of Warren and Allen, Francis Johnson •, from the
county of Madison, Humphrey Jones; from the counties of
Montgomery and Estill, James Mason ; from the . counties of
Adair and Green, William Owens; from the count ies of Har¬
rison and Bracken, Josephus Perrin ; from the counties of
Logan and Butler, Thomas S. Slaughter; from tl. ie countier
of Bath, Floyd and Greenup, Benjamin South; from the
.counties of Campbell, Pendleton and Boone. Kicha rd South-
gate; from the county of Clark, Hubbard T aylor; from the
county of Scott, David Thompson; from the count y ot Nel¬
son, Martin II. Wickliff; from the county of Ci hristian,
Matthew Wilson ; from the counties of Wayne and L 'umber-

* JOURNAL OF

land, William Wood; from the counties of Muhlenburg,

iZh'orn'oM i’ ) V v' iam Worthingtbftj and from the
county ol nan en, Joel laricev.

I he said William B. Blackburn, Henry Davidge, James

Davidson, James Ford, Humphrey Jones, Josephus Perrin,

1 hoinas h Slaughter and William Worthington produced

cei tihcates of having been duly elected at the last general

the rm" I'm'- 1,ay "'-? severally taken .the oaths prescribed by

took their seX 01 th ' S Commomvealtl, > “vcrally

heiL h »te n l titU ' tin ? a qi,0 ™ m ’ an(I tiiC lieutenant-governor

wocfefc lr 3T ? maS t C ‘ °® ce of S°? e >™r, the senate then
inoceeded to elect a speaker for the occasion.

Mr. At ill mm B. Blackburn and Mr. Henry Davidge were

nnm!’ti V - n °T nate f aS p, ' opej ' P ers( »' s to fill that oilice ; and
upon taking tne vote, it stood thus :

„„ r PI ’ ooum, isomn.

or, I liompson and lancey_19.

. Davidge-Messrs. Blackburn, Harrison, Jones,
vens, Slaughter, Wickliff and Worthington—8.
ion Mr. William B. Blackburn was declared duly
Jak . ep the 9eiiato for the occasion; who was
inducted to the chair, from whence he made ac-
cuts for the honor conferred on him, and recom,
preservation of order and decorum.

. Lee was then elected clerk, Anthony Crockett
arms, and David Johnson door-keeper, unani -
10 thereupon severally took the oaths of office, as
j law.

That a committee of propositions and grievances
I; and thereupon a committee was anpointed,
f Messrs. Davidge, Bartlett, Ford, South, Da¬
rn, 1 liompson, Worthington, Wood, Griffin,
dm, Given and Harrison; and they are to ad-
aj to day, ami take into consideration all propo-
: grievances that may he referred to then, from

■ - and to report their proceedings, together with

thereupon, to the senate ; and the said commit-

er to send for persons, papers and records fur

Hit i 1l)f< > !- LlOIl*

•at a committee of privileges and elections be

ci^poiutf lid thereupon a committee was appointed, con-
" J 'ssrs. Parks, Mason, Wickliff, Crutcher and

THE SENATE. S

Eve • aru! they arc to meet anil adjourn from day to day, and
examine in the first place all the returns for the election of
senators to serve in the present general assembly, and to
compare the same with the forms prescribed by law ; and to
take into consideration all questions concerning privileges
and elections, and report their proceedings, together with
their opinion thereupon, to the senate; and the said commi.-
tec have power to send for persons, papers and records lor

their information. . . .

Ordered, '1 hat a committee for courts of justice be ap¬
pointed ; and thereupon a committee was appointed, consist¬
ing of Messrs. Barry, Taylor, Owens, Johnson, Yancey,
Chambers, ChurcHill, Bledsoe, Jones, Il-illyer, Bridges and
Southgate; and they are to meet anil adjourn Iroin day to
day, and take into consideration all matters relating to com rs
of'justice, and such other matters as shall from time to tune
be referred'to them, and report their proceedings, together
with their opinion thereupon, to the senate; and the said
committee are to inspect the Journal of last session, and
draw up a statement of the matters then depending ann unde¬
termined, and the progress that was made therein ; also to
examine what laws have expired since the last session, and
inspect such temporary laws as are near expiring, and to re¬
port the same to the senate, with their opinion which of them
ought to he revived and continued ; anil the sand committee
shall have power to send for persons, papers and records for
their information.

The senate then proceeded to the election of a clerk to the.
standing committees ; Messrs. Western B. Thomas, Isaac
Caldwell anil Joseph Pollard being nominated, either as be¬
ing proper persons to nil that oihee ; and upon taking tin-
vote, it stood thus:

For Mr. Thomas—Mr. Speaker, and Messrs. Bledsoe,
Chambers, Churchill, Davidge, Ford, Given, Mason, Perrin,
South and Southgate-—11. .

For Mr. Caldwell—Messrs. Bridges, Crutcher, David¬
son. Faulkner, Griffin, Harrison, Johnson, Jones, Owens,
Slaughter, Thompson, Wick lift’. Y< ood and Yancey t 4 .

For Mr. Pollard—-Messrs. Bartlett, Taylor and Worth¬
ington'— 3 . _ . i

Neither candidate having a majority of tnp votes, the hind¬
most being dropt, and upon a second ballot, the vote, stood

For Mr. Thomas—Mr. Speaker, and Messrs. Bartlett,
Bledsoe, Chambers, Churchill; Davidge, Ford, Given, Ma¬
son, Perrin, South and Southgate— 12 .

MMi n It.! •t ;■/ MS 5l it. MiiWltK -MM* ^

--• ' - -~

JOURNAL OF

For Mr. Caldwell—Messrs. Bridges, Crutcher, Davidson,
Faulkner, Griffin, Harrison, Johnson, Jones, Owens, Slaugh¬
ter, Taylor, Thompson, Wickliff, Wood, Worthington and
Yancey— 16 .

M hereupon Mr. Isaac Caldwell was declared duly elect¬
ed.

Ordered, That the clerk of the senate he permitted to avail
himself ot the assistance of Jacob Swigcrt, in the execution
of his office during the present session.

A message from the house of representatives, by Mr.
Hardin :

Mr. Speaker —I am instructed to inform the senate, that
the house of representatives have formed a quorum, elected
their officers, and are now ready to proceed to legislative
business.

And then he withdrew.

Oj dei cd , T. hat a message be sent to the house of represen¬
tatives, informing them that the senate having formed a
quorum and elected their officers, ar now ready to proceed to
legislative business ; and that Mr. Bledsoe do carry said
message.

Ordered, That the rules of last session he adopted as the
rules during the present session, with the addition of the fol¬
lowing amendment to the joint rules, to wit: After the 8th
section—“All bills or resolutions passing from one house to
the other, shall be considered in the orders of the day when
reported, and shall take precedence of the business from the
time the report is made, unless a special order to the contra¬
ry is made bv the house,receiving the report.

Ordered, That Mr. Jones do carry said amendment to the
house of representatives, and request their concurrence.

Ordered, That the public printers forthwith strike 150 co¬
pies of said rules, for the use of the members of the senate.

A message from the house of representatives, by Mr.
W. K, Wall:

.’/r. Speaker —The house of representatives have appoint¬
ed four of their body, to act jointly with a committee of two
on the part ot the senate, to wait on the lieutenant-governor,
and inform him that the legislature is organized, and are
now ready to receive any communication he may think prop¬
er to make. '

And then lie withdrew.

Messrs, Crutcher and Mason were appointed on the part
of the senate.

THE SENATE,

The committee then retired, and after a short time return¬
ed, and Mr. Crutcher reported, that the joint committee had
performed the duty assigned them, and were informed by the
lieutenant-governor that he would make a communication in
writing, by way of message, to both branches of the legisla¬
ture, in their respective chambers, on to-morrow at twelve
o’clock.

And then the senate adjourned.

TUESDAY, December 8, 1818.

The senate assembled.

Leave was given to bring in the following bills, to wit:

On the motion of Mr. Owens—-l. A bill concerning the du¬
ties of the register of the land-office.

On the motion of Mr. Harrison— 2 . A bill to prevent the
emanation of grants to certain lands in this commonwealth.

On the motion of Mr. Jones—3. A bill to release the state's
claim to salt water in certain cases.

On the motion of Mr. Churchill—4. A bill to regulate in¬
spectors’ fees in this commonwealth.

On the motion of Mr. Johnson—-5. A bill to take the sense
of the citizens of this commonwealth on the propriety of call¬
ing a convention.

On the motion of Mr. Wood—G. A hill to extend the time
for returning plats and certificates into 1 he register's office,
and for surveying certain lands in this cbinmonwcaUh.

On the motion of Mr. YV ickliff— -7. A bill to amend the act
establishing independent banks in this commonwealth.

And on the motion of Mr. Owens— 8. A bill further to reg¬
ulate the debt due the commonwealth for the sale of vacant

land. ■ _

Ordered, That Messrs. Owens, Johnson, Bledsoe, Slaugn-
tcr and Barry be appointed a committee to prepare anil
bring in the first ; Messrs. Harrison, Bledsoe, Given. John¬
son and Davidge, the second; Messrs. Jones, Davidson,
Griffin and Owens, the third ; Messrs; Churchill, Southgate,
Chambers and Faulkner, theiourth ; Messrs. Johnson. Har¬
rison, WicklifF, Jones and Owens, the filth; Messrs. Good,
Yancey, Slaughter, Johnson and Given, the sixth; Messrs.
YV ickliff, Bridges, Bledsoe, Yancey and Barry, the seventh $
and Messrs. Owens, Johnson and Yancey, the eighth.

Mr. Ov ens, from the first committee, reported a bill;
which was read the first time, and ordered to be read a sec¬
ond time.

■Mi

jam ■

L' ■

JOURNAL OF

Mr. Bledsoe read and laid on the table the following read-
ntion:

Resolved by the general assembly of the commonwealth of
Kentucky , That a joint committee of live members of the sen¬
ate, and ten of the house ol representatives, he appointed to
examine, into and report the stale ol the Bank ol Kentin ky
and its branches, and the causes of the late suspension of
specie payments in the same.

And the rule of the senate being dispensed with, the sai«
resolution was taken up, twice read and adopted.

Ordered. That Mr. Bledsoe acquaint the house of repre¬
sentatives therewith, and request their concurrence.

Mr. Owens presented the petition of the heirs and repre¬
sentatives of John Stagp, late of Adair county, representing
that the deceased, previous to his death, made his will, hut
(ostponed the execution thereof until another time, and died
without executing it; and that his representatives, under a
mistaken apprehension of the power vested in them, have
proceeded to sell a tract of land directed by the will to be sold;
praying that a law may be passed to confirm the sale, and to
authorise one of the representatives to convey the land ; also
to empower tliCni to convey one other tract, sold by tlie dece¬
dent in his lifetime. Which was read, and with the accom¬
panying document referred to the committee tor courts ot

justice. , ,

Ordered, That the sergeant-at-arms procure twclte copies
of the acts oflast session, for the use of the senate.

The senate received a message in writing from the lieu-
tenant governor, hv Mr. secretary Pope; which was lead
and laid on the table,as follows, to wit:

Fellow-Citizens of the Senate,

and of. the House of Representatives.

I regret, that owing to the declining health of an affec¬
tionate and promising son, for some months past, lam unable
to give you so full a view ot the state of the commonwealth
as I could wish to communicate. Under the pressure of do¬
mestic aiJiction the most distressing, I find some consolation
i:i contemplating the enviable condition of our country. Our
national character placed on the. most elevated ground, fire
and happy at home, respected abroad, we. seem to he blessed
among the nation ; of the earth. Our arms have been tri¬
umphant by sea and land ; but let iijs not lorget, that during
this season of internal tranquility, it is our duty to improve
and mature' our civil institutions. Unfortunately ion tue

•A

THE SENATE,

freedom and happiness of mankind, they have been too much
concerned about the affairs of other countries, to attend to
those needful regulations of internal polity, upon which their
security and welfare essentially depend. NY bile it is our duty
to be prepared to repel every assailant of our l ights and ho¬
nor, our chief object should be that of every, just and wise
government, to render the people free and happy. '1 his is
host attained by a diligent attention to our civil institutions,
if these are wise and well regulated, if (lie internal adminis¬
tration of the state is faithfully- conducted, the people have
little to fear.

With regard to the pecuniary affairs of the penitentiary, 1
have nothing to communicate. You will be informed on that
subject by the report of the auditor of public accounts, which
will, i presume, be laid before you at an early period of you?
present session. It will be recollected, that this business, is,
by law, particularly assigned to that ollicer. I again most
earnestly solicit your attention to the state of the building ;
it is not sufficient to accommod^g half the number confined,
and is now in a state of rapid dUhy. I intreat you, general¬
ly, or by a large committee, to examine it, and the situation
of the unfortunate victims of folly and vice there confined.
The humane and philanthropic spirit of our country gave
birth to the institution, and it will not, I hope, be abandoned,
if this system of punishment and reformation is to be con¬
tinued, both justice and humanity demand the attention and
immediate interference of the legislature. The penitentiary
house must be repaired asd considerably enlarged, it ?$ cer¬
tainly the duty and policy of the government, to extend to
those unfortunate and suffering beings, all the comfort and
accommodation which their health requires, and is consis¬
tent with their condition and the end of their confinement.
The thanks of the government arc due to the Kentucky Auxili¬
ary Bible Society’.'and the Lexington Independent Bible So¬
ciety, for Bibles gratuitously furnished the penitentiary since
the last session. Before I take leave ot this subject, i must
remind you that neither the keeper nor agent is authorised by
law, to furnish those discharged, with even a small pittance
to defray their expences until they can engage in some hon¬
est employment; nor are they entitled to ordinary clothing,
to disguise the evidences of their past offences. It seems to
me inconsistent with the design and spirit ot the institution,
to cast them off naked and pennyless, with their marks ot in¬
famy exposed to public view.

■ 1 ; ' . ■' ■ ' -

JOURNAL OF

The money appropriated by an act of the Inst legislature
for the improvement of our internal navigation, lias, 1 be¬
lieve, been expended. Of the probable success of this expe¬
riment, I am not informed, nor has there been sufficient time
to ascertain whether any lasting advantages arc likely to re¬
sult from it. The report of the commissioners to whom this
business has been confided, will, I expect, throw some light
on the subject. The object, however, is of too much import¬
ance to the people to he relinquished. Whether the mode
adopted is the best, I will not decide $ but that great im¬
provements are practicable, no doubt can be entertained.
Deeming the subject of vital importance to the. agricultural
and commercial interests of our state, I must recommend to
the legislature a perseverance in the object, in the best mode
which wisdom and- experience may from time to time sug¬
gest.

1 must again call your attention to the state of our public
roads, so necessary and useful in the intercourse between
different parts of the country, and the transportation of our
produce to market. The capital necessary to make paved
roads> the aversion of the people to paying tolls, and other
circumstances, render a resort t.o some other mode necessary
for their improvement and keeping them in repair. A levy
for the purpose, allowing each individual to pay in work, on
the road for which he may be taxed, bas been tried with suc¬
cess in other states, and would probably succeed in this. For
the information of travellers and militia companies, and as a
guide to sheriffs and other officers, I would suggest the pro¬
priety of providing by law for placing sign boards or stones
on the different roads, at the crossing of a county line, to dc^
signate it. The expence would be small, and the measure
useful and convenient.

Several applications have been made to me to release large
tracts of land, forfeited lor failure to enter them for taxation,
or stricken off to the state for taxes due. The applicants
seem to rely on the ground, that the failure to enter arid pay
the taxes has been occasioned by the fraud arid negligence of
agents, and other circumstances entitling them to the lenity
of the government. Although cases of this kind may he
within the scope of the executive power, ii is so intimately
connected with the revenue of the commonwealth, ansi may
be so serious in its consequences, that 1 deem it advisable to
present the subject to your notice. Permit me to suggest the
justice and expediency of passing a law providing for those
eases in which satisfactory evidence shall be adduced, that the

THE SENATE.

failures have happened in consequence of the fraud or mis¬
conduct of agents, and other causes not imputable to the neg¬
ligence of the owners. How far, and in what cases relief
ought to be extended, is most respectfully submitted to your
consideration.

I beg leave once more to suggest the expediency of com¬
mencing a state library at the seat of government. Besides
its general utility, such an establishment is necessary for the
convenience and information of the members of the legisla¬
ture, judges of courts, and other public officers. It is believ¬
ed that the surplus reports df the decisions of the court of ap¬
peals, the property of the commonwealth, with a small annual
appropriation, would be sufficient for the object.

On the subject of education, 1 have nothing to add to ray'
last communication. I have only at this time to remark, that
we have neither free schools for the education of the poor, nor
colleges, nor universities, sufficiently endowed to vie with the
literary institutions of our sister states. I have on former
occasions given my views so much at large,>in favor of a per¬
fect method of education, that! feel reluctant to press it again,
on your attention. In my last communication I recommend¬
ed to the legislature to lay off the state into school districts,
for the convenience of the poorer part of the people; but they
seem to have thought it bettor to accommodate the country
with a number of banks, than good schools.

The condition of our banks, and especially of the slate
bank, in which the commonwealth has a large interest, lately
compelled to suspend specie payments, as I understand, by a
pressure, for specie, from the United States’ bank; the refus¬
al of that bank to pay the tax imposed on her branches locat¬
ed in this state, are subjects of primary importance, and
claim the early attention of the legislature. Whether con¬
gress can erect an immense monied corporation, with power
to locate branches in the different states without their con¬
sent, and exempt the stock and capital employed from the
common burthen of taxation, to which the stock and capital
of the state institutions are subject, is a question of some nov¬
elty, and of the first magnitude. If the power of taxing has
been improperly assumed by the legislature, it ought to be
disclaimed,, and the -law repealed ; but if upon an impartial
and dispassionate review of the -subject, you should he con¬
vinced that the power exists, the representatives of the peo¬
ple owe it to themselves, and to the state, to enforce it.

In making these suggestions, 1 beg leave to assure you aud
my countrymen generally, that I am not prompted by any

JOURNAL OF

particular hostility to the national hank, or a disposition tv*
excite unfounded or unworthy prejudices against it. I am
conscious only of a salutary zeal for the rights and indepen¬
dence of the state over which 1 have the honor to preside. I
am indeed, ready to confess, that my sentiments or perhaps
prejudices, ever have been, and still are strongly against the
banking system. Time and experience instead of conquer¬
ing these prejudices, have tended to confirm them. I have
ever viewed these monied corporations with jealousy. 1 con¬
sider the corporate powers and privileges conferred on them,
as so much taken from the power of the people, and a contri¬
vance to rear up in our country, a monied aristocracy. Mo¬
ney is power in whatever hands it is placed ; but it is less
dangerous when divided amongst individuals, than when
combined and organized in the form of banks. In vain did
the American people during their struggle for liberty and in¬
dependence, destroy the landed aristrocacy. then existing
under the law authorising estates to be entailed, if a monied
aristrocacy is to he substituted. Instead of having our na¬
tional and state legislatures filled with men representing the
feelings and interest of the great agricultural class of the
community, 1 fear w r e shall see the town's-'through (he coun¬
try, with the aid of those banking aristocracies greatly pre¬
ponderate on the legislative floor. I must ever be opposed
to any system of policy, which independent of its pernicious
and corrupting influence in other respects, tends to diminish,
if not destroy the weight and influence of the farming interest,
upon w hose virtue and independence the duration of our free
institutions so essentially depends.

W’ bile this system exists in the other stated, Kentucky can
do little to rescue the country from the evils aod anti-repub¬
lican tendencies of these monied corporations. Let us there¬
fore invite a co-operation in some plan, co-extensivc with
the union, to redeem this young and rising republic, from the
mischiefs and dangers of this paper system before it is too
late. If permitted to progress and interweave itself with all
the interests and concerns of society, it may in a more ad¬
vanced and dense state of our population, explode in a convul¬
sion of the government. The disease, it is true, has taken
deep root, but the American republic is young, and by a vig¬
orous and determined effort, may in a few years exterminate
it. Some time may he necessary to enable those institutions
to wind up. To effect so desirable an object, 1 would recom¬
mend to the legislature, to propose an amendment to the fed¬
eral constitution, providing that after a certain period, ho in-

the senate.

corporated bank should exist in the United States, or if this
should he thought going too far, and banks in any shape or to
any extent, arc useful and necessary, let the banking power
be limited, and the system so regulated and restricted as to
secure the community against the wide spread ruin and mis¬
chief with which we are threatened. These observations arc
not dictated by any design to awaken an improper indigna¬
tion against the United States’ bank, or to encourage an un¬
constitutional opposition to its legitimate operations. No
patriot, no American, who bolds in just estimation, the Ireo
principals of constitutional government, tor which our an¬
cestors hied, would consent to inflict a wound on our sacral
constitution for any amount this gigantic corporation could
pay. 1 most sincerely exhort you to give the question an
impartial and dispassionate consideration, unbiased by state
pride, or state,jealousy. II, alter a mature and candid ex¬
amination of the subject, you shall lie convinced ol toe con¬
stitutional right ortho state to impose the tax, I would re¬
commend an amendment or modification of the act imposing
the tax, so as to authorise its collection by distress pr attach¬
ment. If, as I have supposed, the right exists, it ought to be
maintained $ and l am ready to admit, tnnt my partialities
are on the side of the state institutions. I be cardinal pbin*,
however, with me, is not so much what bank snail prevail,
as how the country is to ha saved from the evils and oppres¬
sions of both.

As the charter oftiic bank of Kentucky will, if not renew¬
ed, expire on the last day of December, 1821, it would seem
to me proper for the legislature at their present session, to
decide on the expediency of re-chartering it. Considering
the time it has been in operation, the extent of its business,
and the number of its branches, three years will be little
time enough to close its concerns. 11 tlm legislature should
he opposed to continuing the hank, under any modifications,
I would adv ise the passage of a law, authorising the princi¬
pal banks and branches to receive the stock at. par, in pay¬
ment of debts. This would enhance the value ol the stock
and facilitate the collection of debts.

The frauds and swindling practised on the community, by
banking institutions, have erected among the people- a dis¬
trust of bank paper, generally, a circumstance which operates
injuriously upon banks of the soundest capital, and under lho
best management. To guard the public as far as practicanle.
against a false and delusive currency, is aYnong the first du¬
ties of tiie government, and in order to insure a lluthuil and

JOURNAL OF

■punctual redemption by the banks of the paper they may is¬
sue, I would recommend some cautionary provisions, which
instead of injuring would he highly beneficial to banks, foun¬
ded on solid capital and under prudent management ; and at
the same time operate as a salutary check on those of a dif¬
ferent description. Among other things I would recom¬
mend the passage of a law, making the stockholders
and directors of every bank responsible to a reasonable
extent, in their individual capacities, for the notes that
may be issued. Doubts may be entertained by some
ol the power of the legislature to alter or amend acts of
incorporation, and in my mind, there was some difficulty on
the first view of the subject; but without deciding on the pow¬
er ol the legislature to repeal an act of incorporation, any
modification or amendment which may be necessary and
proper to secure the people against frauds and abuses, seems
to me to be within the legitimate power of the government,
without revoking the corporate privileges granted. Such a
visitorial superintending authority is inherent in the sover-
-eiguty from which they emanate, and essential to the safety
*f the community.

I have during the last recess received sundry communica¬
tions from executives of other states, which will in a few
days he laid before you.

1 cannot close this communication without congratulating
you, and my fellow-citizens generally, on the flattering pos¬
ture of our national affairs, as portrayed in the late message
of the President of the United States to both houses of con¬
gress. Our finances ‘in a flourishing state, peaceful and
honorable relations maintained with all the world, the consti¬
tutional land-marks preserved inviolate, Indian hostilities
almost extinguished, new states emerging from the western
wilderness, and receiving the hand of fellowship from the
older members of the federal family ; and I would add a de¬
gree ol harmony,-toleration, independence and intelligence,
pervading our country hardly before witnessed in' this,
without an example in the history of other nations. Hea¬
ven seems inded, to be lavishing her bounties with par¬
tial hand on this infant republic. And can a people thus
favored, ever forget God ? impossible! Let our hearts then,

THE SENATE

The senate assembled.

The foilov in,a; hills were reported from the, committees ap*
pointed to prepare and bring in the same, to wit:

By Mr. Bledsoe—A bill to prevent the emanation of grants?
to certain lands in this commonwealth.

By Mr. Owens—A bill further to regulate the debt due tbe
commonwealth for. the sale of vacant land.

Which were severally read the iirst time, and ordered to
be read a second time; and the rule being dispensed with, the
former was read a second ami third time; and having been
engrossed,

Ecsolvetl, That the said hill do pass, and that the title be
“ an act to prevent, the making of entries, surveys, and tin*

16 JOURNAL OF

emanation of grants for certain lands in this common-
wealth.”

Ordered , That Mr. Bledsoe do carry said hill to the house
of representatives, and request their concurrence.

The senate received a message in writing from the lieu¬
tenant-governor, 'ey Mr. Waggoner, which was taken up
and read as follows, to wit:

Gentlemen of the Senate,

Having received-, since the commencement of the present
session, the resignation of James Parks, a member of the
'Senate from the counties of Fleming and Nicholas, I here¬
with lay it before you, that a writ of election may issue to lili-
the vacancy, deeming the power given to the executive to is¬
sue writs of election to bo in force onlv during (lie recess.

GABi. SLAUGHTER.

Dec. 9th, ISIS.

Moutii of Iiemikg, Fueming County, Kr.

December 1st, 1818.

Gabriel Slaughter, Esq. lieutenant governor, and acting gov¬
ernor of Kentucky.

Dear Sir —Please to accept my resignation of the office
of senator, for the senatorial district composed of the coun¬
ties of Fleming and Nicholas} as I hereby, do resign the same.
Given under my hand the date aforesaid.

JAMES PARKS.

Whereupon Mr. Bledsoe offered flic following resolution :

Resolved, That a writ of election do issue, directed to the
sheriffs of the counties of Fleming and Nicholas, command¬
ing them, by file qualified voters of their said counties res¬
pectively, on the i rth day of this month, and to continue the
polls open for the two next succeeding days, if required, they
cause to he elected a lit person to represent the senatorial
district composed of said counties, in the place of James
•Parks, resigned.

Which being twice read was adopted.

1 A message from the house of representatives, by Mr.
Underwood:

Mr. Speaker— The house of representatives concur in the
resolution from the senate, for the examination of the Bank of
Kentucky and its brandies, and have appointed a committee
oil their part. They chiicur in the re-, dution from the sen¬
ate, fin- adopting an additional join'truF. with an amendment,
in which they request the concurrence pi the senate.

And then he withdrew.

TOE SENATE,

JOURNAL of;

question being taken on granting leave, it was resolved' iiir
the negative—Yeas 9 , nays 18 .

The j’cas and nays being required by Messrs. Crutcher
and Bridges, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Bartlett,
Chambers, Crutcher, Given, Griffin, Mason, Slaughter}
Wilson and Wood.

Those who voted in the negative, are, Mr Speaker, and
Messrs. Barry, Bledsoe, Bridges, Churchill, Davidgc,
Faulkner, Ford, Johnson, Jones, Owens, Perrin, Southgate,
Taylor, Thompson, Wickliffi Worthington and Yancey.

And so the leave was refused.

Ordered , That the sergeant-at-arms be directed to procure
an entire set of chairs and tables for the senate chamber, and
dispose of the tables and settees now belonging to it, for the
best price that can be had.

A bill concerning the duties of the register of the land*
office, was read a second time, and committed to a committee
of the whole house on the state of the commonwealth.

And then the senate adjourned.

THURSDAY, December 10, 1818 .

The senate assembled.

Ordered, That a joint committee for enrolled bills he apj
pointed on the part of the senate ; and thereupon a commit¬
tee was appointed, consisting of Messrs. Chambers, Yancey>
Churchill, Faulkner and Slaughter.

Mr Barry, from the committee for courts of justice, made
the following report, to wit:

The committee for courts of justice, have, according to
order, had under consideration the petition of the heirs and
representatives of John Stapp, deceased, late of Adair coun¬
ty, representing that said Stapp, a short time previous to his
death, had written and prepared for execution an instrument
of writing, intended by him for his last will and testament ,
and that said decedent at that time, from some casualty, had
postponed the signing of said instrument, and that he finally
died without signing and legally executing said instrument
of writing, so as to give to it the force and effect of a last
will and testament ; and that the administrators of said de¬
cedent. supposing that said instrument of writing invested
them with such power, did proceed to sell, and have actually
sold certain lands therein directed to be sold 5 and praying-

THE SENATE.

that a law may be passed confirming’ said sales, and estab¬
lishing said instrument of writing as the last will and testa¬
ment of said decedent, and authorising some one or more of
said administrators to convey to one of said heirs a tract of
land, stated to have been sold to said heir by said decedent in
his lifetime. Thereupon said committee have come to the
-following resolution, to wit:

Resolved, That said'petition be rejected.

Which being twice read, was concurred in.

A message from the house of representatives, by Mr.
•Underwood :

Mr. Speaker —The house of representatives have passed a
•bill entitled “ an act to authorise the editors of certain papers
to insert certain advertisementsin which they request the
concurrence of the senate.

And then he withdrew.

The said bill was then taken up and read the first time ;
the rule being dispensed with, it was read a second time,
amended at tlic clerk’s table, and read a third time.

Resolved, That the said hill as amended do pass, and that
'Mr. Owens inform the house of representatives thereof, and
request their concurrence in the amendment.

The bill further to regulate the debt due the commonwealth
for the sale of vacant land, was read a second time, and or¬
dered to be engrossed and read a third time.

Mr. Wick!iff read and laid on the table the following reso¬
lution, to wit:

Resolved bij the general assembly of tlic commonwealth of
Kentucky, That a joint committee of three from the senate
and six from the house of representatives, be appointed to
examine and'report the state of the treasurer’s office; and
that four from the senate and ten from the house of represent¬
atives, be appointed to examine the register’s office, and re¬
port the state of the same; and that live from the senate and
fifteen from the house of representatives, be appointed to ex¬
amine and report the state of the auditor’s office.

And thereupon, the rule of the senate being dispensed with,
•the said resolution was taken up, read and adopted.

Ordered, That Mr. Wick lift' acquaint the house of repre¬
sentatives therewith, and request their concurrence.

Mr. Barry read and laid on the table the following resolu¬
tion, to wit:

Whereas the interest of the United States requires that a
preference should be given to those articles that are the
growth and manufacture of our own country, and that we ab-

go JOURNAL OF

stain from t!ic use of European commodities, when those of
our own country are to be procured upon reasonable terms :

Resolved by the general 'Assembly of the ciumnomvealtli of
Kentucky, That it be recommended to (lie good people of this
commonwealth, to use every exertion to promote domestic
manufactures ; and the member?} of the general assembly, in
order to effect this object, and bring them info general use,
will, as soon as practicable, clothe themselves in productions
of American manufacture, and will discourage the use of
those of European fabric.

Resolved, That it be recommended to all officers of govern¬
ment of this state, and the members of the senate and house
of representatives of this state in congress, to clothe them¬
selves (especially when acting in their public capacities) in
the manufactured goods of our <>wn country ; and'to use all
practicable means to introduce them into domestic and gener¬
al use, in preference to those of foreign importation.

Leave was given to bring in the following bills, to w it:

On the motion of Mr. Owens—l. A bill for the relief of
the administrators of John Stapp, deceased.

On the motion of Mr. Bledsoe—2. A bill to provide for the
revision of the statutes of this commonw ealth.

On the motion of Mr. Owens—. 3 . A bill for the benefit of
Daniel Trabuc.

Ordered, That Messrs. Owens, Barry, .Griffin and South-
gate be appointed a committee to prepare and bring j„ u iC
first; Messrs. Bledsoe, Barry, Bridges, Southgate,' Da-
vidge and Owens, the second ; and Messrs. Owens, Perrin,
Bartlett, Jones and Faulkner, the third.

Mr. Owens, from the first committee, reported a bill ;
which was read the first time, and. ordered-to be read a sec¬
ond time.

Mr. Churchill, from (he select committee appointed for
that purpose, reported a bill to regulate the fees of inspectors
in this common wealth ; which was read the first lime, and
ordered to be read a second time.

And then the senate adjourned.

FRIDAY, Becejibee 11 , 1818 .

The senate assembled.

The speaker laid before the senate reports from the com¬
missioners appointed for the Kentucky l iver, under the act
of the last session, entitled “an act for the improvement of

THE SENATE.

'■

internal navigation which were taken tip and read as
follows, to wit:

To the honorable the General Assembly cf (he Comnionu-calihnf
Kentucky.

AYe the undersigned, two ofllie commissioners appointed
l>y the legislature, on the-day of .lannar}' into. to su¬

perintend the improvement of the navigation of the Kentucky
river, together with Daniel Garrard, met in the town of
Frankfort, on the-day of May last past, an ! after enter¬

ing into bond and taking the oaJU required by sain art, came,
to the following agreernei t, to wit: Tlmt is, they laid <:!F the
river into three precincts; we first, trots: the monf L <! sntr riv¬
er to the permanent bridge; second precinct, Irorn the said
bridge to the month ot .lack's i rre!:, in Madison county : and
the.third precinct, from the month of ,T:u k’sereek tothe Goose
creek salt-works, and tiie several tributary streams, j he
first ]irccinct was allotte.dYo Itiehard Taylor, the second to
John Youths, and the tided to Daniel Garrard.

JOHN YA Ti C. K. II.

MIC HARD TAYLOR, C. K.R.

December the 10 th, 1318 .

To the honorable the General Assembly of Ihc Conmoinceallh of

Kentucky.

GEXTlEjrr.x—Pursuant, to an act of the leg: lature of tins

commonwealth aforesaid, passed on the.- day ol January

1818, entitled *• an act for the improvement of infer: nl navi¬
gation,” and in conformity to am agre< ment entered into by
the hoard of commissioners for the Kentucky river and its
navigable branches, entered into in the town ot I‘ t ankfort,

on the-day of May last; the undersign:. !. one of the

commissioners, begs leave to submit the follov, ing as his de¬
tailed report, to wit :

He proceeded, early in the. mouth of June, to procure tools
to work with, provisions ami rooking uirw-tis; : Iso to hue.
hands, to commence, as earh as the season, would jiernit! :
and did commence his operations on the 21st day ol the same
month, with twenty-five laborers, .to remove such obstruc¬
tions, both natural and artificial, as your commissioner con¬
ceived to be the mo.stdetrimeytal to navigation.

A r om- commissioner found, from the m >uti: of ,1 ark'scr'oek.
in Madison county, to Frankfort, the distance computed at
about 150 miles. He found 88 fish-dams ; ail of which your
commissioner has had removed, or so much of then: as be
deemed necessary. Your commissioner found a vast num¬
ber of old trees,, that had been washed into the river in the

JOURNAL OF

Lines of high water, confined by either the roots or limbs in
the sand or rocks. Your commissioner succeeded in remov¬
ing a large portion of them ; but owing to the frequent swells
of (lie water in tiie. months of July and August, lie was pre¬
vented from accomplishing that object, to his wishes ; conse¬
quently there are many yet in the river. A third kind of
obstructions, were bending trees, growing on the banks at
short bends and hanging over the river ; the most of which
are-removed—principally taken out by the roots, and cut in
short pieces. The fourth kind of obstructions, are bars
thrown in the river by crocks and rivulets. Your commis¬
sioner has taken some short points off them ; but much of
this kind of improvement yet remains to be done, by still re¬
moving more ol the bars or islands, and turning, the creeks
immediately down with the current of the river. The most
(d them, and almost universally, they run in at right angles,
thro\£jng in rock and sediment, which make the bars or
islands; which your commissioner is of opinion it is praeticR-
3dct > remove, which would, also much improve navigation.
The fifth kind of obstructions, arc rocks of a large size, which
iia: e fallen from the cliffs into the river. Yourcommission-
er, not deeming them so much in the navigator’s way its the
foregoing obstructions, has removed but few of them ; but
does conceive they ought to he removed, and that it is prac¬
ticable to remove them. He is also of the opinion, it would he
of much advantage to the navigation of said river, at some
ripples, to turn' the present channel, by short canals, and
wing-dams.

i our commissioner, for the foregoing purposes, has ex¬
pended the-sum of £> 2774 13, Which will more fully appear
by a reference to iny abstract account, filed in the auditor’s
•office.

I am, with high respect, Ac.

JOHN YANTIS.

Dec. loth, IRIS.

Ordered, That tiie said reports be laid on the table.

1 he speaker laid before the senate reports from tiie com¬
missioners appointed to superintend the improvement of the
navigation of Green river, under the act of the last session,
entitled •• an act for the improvement of internal naviga¬
tion w hicli were taken up and read as follows, to wit:

Glasgow, March 9th, 1818.

Tins day the commissioners appointed by an act of the le¬
gislature outlie commonwealth of Kentucky, approved Janu¬
ary —, 1818, to superintend the removal of dbstructions to

THE SENATE. g 3

navigation in Green river and its navigable brandies, met 1 ,
and entered into bond wilh security, agreeable to the above
recited act; and resolved that Col. Samuel Murrcl tile said
bond in the secretary’s office, and that lie make the necessary
arrangements for drawing the money appropriated for the
above purpose. And it is Itirthcr resolved, that the under¬
signed commissioners bold 1 heir next meeting at the Vienna
falls of Green river, on the 25th dav of April next.

DAVID C. DON AN,
(Signed) SAMUEL MURREL,

S. WOJITHINGTON.

Vienna. Fali.i- of Green River, £5tb April, 1818.

The commissioners aforesaid, met agreeable to appoint¬
ment; and upon mature deliberation, were of opinion, that
the business could be expedited to greater advantage, by caclt
commissioner superintending at different points : Where¬
upon,

Resolved , That David C. Donan commence at such point
of Green river, above the mouth of Big Barren river, as lie
may deem proper; and that Samuel Murrel commence bis
operations on Big Barren river; and S. Worthington, at (lie
Vienna falls of Green river, conformable to a plan agreed
upon ; which is, to-place a line-dam parallel v i li the left bank
of the river, so as to form a sluice of one hundred feet wide,
for the passage of boats ; a plan of which is to accompany
the report. And that each commissioner make his own re¬
port. which three reports shallronstitute the detailed report
required to be made to the legislature the first week of their
session.

• DAVID C. DON AN,
SAMUEL MURREL,

s. Worthington.

To the honorable the General Jls'sembly of Hie Commonwealth of
Kentucky.

In pursuance to an act of the general assembly, passed on
the-day of January 1818, entitled “an art for the im¬

provement of internal navigation," your commissioner (omi
of the commissioners for Green river) will endeavor to give,
in part, the detailed report required by said act..

Your commissioner, conformable to resolutions entered in¬
to by the board, marked No. I, (and which be begs leave to
make a part of this report) proceeded to purchase the nece s¬
sary tools and provisions', and actually commenced .work, at ;
the A ienna falls of Green river, on !he first day of din e.
R he board determined to render the falls aforesaid navigable,

JOURNAL OF

stated in their resolutions, and as shown by the enrolled

aid resolutions. Here
aid falls': The line-dam is ex-
ig, though not com-
; it however can be accomplished
large quantity of timber is
k of the river. Here fol-
nX tin?- plan, designed to render
The line-dam was made by placing
ten bv fourteen inches in size, nicely fitted
ht inches apart, fastened together

drawing marked (U), referred to in sa
follows the work done at said falls':
tended upwards of four hundred yards Ion
pletely filled in with rod
in ten days by thirty hands. A
also prepared and hauled to the haul-
lows a written description < "
said falls navigahl
hewed timber
to the bottom, six feet ei
with ties let in with a dovetail, every liver
bolt, weighing from four to five pounds, was let tlirougli uic
end of each top sill into the bottom sill, and the joints care¬
fully broke ; the space between the timbers w as then filled
in with rock. This dam is twenty-eight inches in height,
and six’feet eight inches in w idth, as before stated ; and is
designed to be about 500 yards long. Upon accomplishing
this dam, it was intended to throw a temporary dam
from the upper end of the line-dam to the bank, thereby ex¬
cluding the water from the intended channel ; the rock
(which is a kind of.slate rock) will he cut out of tire channel,
from 15 to l s inches deep, and 35 feet wide : three abutments
will then be built, to answer the several purposes of confining
the water to a mu rower channel to prevent boat.- from strik¬
ing the shores, and to prevent the bank from washing awaj.
The temporary dam will then.be removed, and a wing-dam,
twelve feet wide, built in the same manner of the line-dam,
thrown from the north and upper end ol the line-dam. so far
across the river as to raise the water to the top of the imc-
dam. This being effected, the falls will bb navigable, at the
lowest stages, for boats drawing lour ami a ball feet water.

Similar measures, though upon a much smaller and less
expensive scale, will have to be adopted at nlilligan s.
Night's and Vinegim’s falls.

The amount of money placed in my hands, was 8 4000 ;
the amount expended at the \ ier.na falls, $ 3501 25, and a
residue in nvv hands, of S 4-1? 75: allot which is shown in
my account filed with the auditor. And the whoic respect¬
fully submitted. S. TV OIrTllIN C* i ON.

■ 1 ,

THE SENATE.

for the improvement of internal navigation,” and in con¬
formity to a resolution entered into by the board ol commis¬
sioners for Green river and its navigable branches, held at
the Vienna falls, April 25th, 1818, which appears in report
No. 1. the undersigned, one of the commissioners aforesaid,
begs leave to make the following report, to wit:

Proceeded to hire hands, engage provisions and purchase
suitable implements ; in the month of July, repaired to Pig
Barren river in person, with twelve laborers; continued
with them generally, and in the course ol the summer suc¬
ceeded in removing tile most detrimental obstructions to (lie
navigation, from the junction of the two rivers to Shipley s
mill; computed distance hy water. 150 miles; the expen¬
ditures amounting to § 1134 8|; which will more satisfac¬
torily appear by a reference to an abstract of accounts tiled
in the auditor's office.

Your commissioner will observe, that owing to recipient
swells of the water, he was prevented from removing many
obstructions which still remain ; lmt upon Ihc w hole, has no
hesitation in staling, that the advantages gained, so far as
labor has been done, are considerable ; as,a boat can saii on
a tide of four feet water, with greater safety now, than she
could on eight before the improvement; yet there remains
much to he done. From the junction ol the two rivers to the
Vienna fails, nothing is done, except some rocks, blown near
Morgantown. Little doubt remain?, -should next season be
(Icy, and the waters continue low during the summer, but
that the navigation of those rivers may he made entirely se-

Your commissioner would hog leave to submit a few re¬
marks. In all public measures, that meet the approbation of
the people, more or less enthusiasm attaches : in no one
that lias come under my notice, more than the present one
for the improvement of interim! navigation. V liilst a lew
execrate the measure, the majority appreciate it in a Inga
degree. Some would have every little rivulet converted into
;i navigable stream. Having had a view of all the tributary
streams that fall into Big Barren river. 1 am (dearly oi opin
ion. that not one of them car, he useful -for navigation : but
if reserved for the purposes of mills and other w ater-works,
would ultimately prove advantageous to the community.
Bridges across, or partial dams in a navigable stream, lo!
the purpose of erecting water-works, cannot fail to be ob-

JOURNAL OF

strnctions, and render the passage oflmats more unsafe than
they would otherwise be.

With due respect, &c.

SAMUEL MURREL.

December 1st, IS 1.8.

To the honorable the General Assembly of Kentucky.

David U. Dunam one dfthe commissioners for opening and
improving the navigation of Green river and its navigable
branches, reports to your honorable body : That he com¬
menced opening and clearing the aforesaid river, at the
mouth of Robeson’s creek, arid has rendered said river, from
thence down, passing Greehsburgh, to the mouth of Rig
Barren river—which has always been the most difficult and
dangerous navigation,- owinguo the numerous islands, rocks
and short bends in the river— s,) safe and free from obstruc¬
tions, that a boat may now pass'in more safety, with two and
a half feet less water than formerly ; a distance of about 250
miles. lie further states, that iie has drawn out of the. riv¬
er all of tlie most prominent and dangerous trees and roots ,
lie lias blown and taken out of the river eight rocks, of the
following description : 1st, About ten feet long, four feet
wide and six feet high; 2d, ten feet long, eight feet wide
and five feet high ; 3d, six 1'ect long, five i'ect wide anil live
feet high ; 4tli, twelve lect long, six feet wide and four feet
high ; Stli, about fifteen feet square, and fourfect high ; 6tli,
fifty feet long, twenty feet wide and sixteen feet high. This
last has been the most dangerous rock in Green river, and
the most dreaded by navigators, in consequence of its lying
across the stream in a short bend of the river. Also two
other rocks, lying beiow the mouth of Nolin creek, nearly
thirty feet square, have been removed. lie has removed
about fifty fish-dams, cut away and cleared out the obstruc¬
tions in i lie short bends, so that boats can pass close to the
shore without injury from limbs of trees or drift-wood.
From Robeson’s creek up the river, nothing has been done ;
but much*is necessary to be done. On Robeson’s creek,
Nolin, Ruff creek and Pond river, nothing lias been done.
Knowing that in one season the whole could not be effected,
he turned his attention to those parts, the clearing out of
which would most promote the public good. There arc still
some trunks of trees, lying low in the channel fif.tlje river,
though not very dangerous, which it would be well to re¬
move. Below the mouth df’Eig Barren river, much remains
to be done. There are snags and trees standing, against
which large piles of drift are lodged in deep water, which

THE SENATE.

are very dangerous and difficult to pass at anytime) and es¬
pecially in low water. There are several large and danger¬
ous rocks below the mouth ot' Nolin, as also in Noliu creek.
He further slates, that he has not used the whole of'tlie mon¬
ey put into his hands ; as lie thought, owing to the approach¬
ing season, lie could not make an advantageous application
-of it. He has received on his part, as one ofthe commission¬
ers, the sum of g 3333 34 ; he has expended, as will appear
from his account, legally attested and placed in (he auditor’s
office, g 2580 0,0 |; remaining in Ids hands, the sum ol
S747 33-J.

All of which he respectfully submits.

DAVID C. DONAN.

December, 1318.

Ordered, That the said reports he laid on the table.

Mr. Yancey, from the joint committee of enrolments, re¬
ported that the committee had examined an enrolled bill en¬
titled “ an act to authorise (lie editors of certain papers to
insert certain advertisements,” and found the same truly en¬
rolled.

A message from the house ot representatives, by Mr.
Barr:

Mr. Speaker —The speaker of the house of representatives
having' signed an enrolled hill, I am instructed to laj the
'Game before .the senate, for the signature of their speaker.

And then he withdrew.

The speaker then.signed the said bill, being the same just
reported by Mr. Yancey ; and it was delivered to the joint
committee of enrolments, to he presented to the lieutenant-
governor for his approbation. And alter a short time, Mi.
Yancey reported that they had performed that duly.

Mr. Johnson presented the petition of sundry citizens nl
.Bowling-Green and W arren county, praying the passage ol
a law incorporating the Bowling-Green Bridge Company,
and to authorise them to erect a toll bridge across Big Bar¬
ren river.

Also the petition of William Bratton, and sundry citizens
or Warren county, praying that he may be authorised to erect
a dam with locks, across Big Barren river, where lie has
erected a grist-mill.

Which were severally read, and referred to the committee
of propositions amt grievances.

Leave was given to bring in the following hills, to wit:

On the motion of Mr. Chambers—1. A bill for the benefit of
£ hades Will of, sen.

JOURNAL OF

On the motion of Mr. Churchill—'2. A bill to appoint a
port warden for tlio town of Louisville.

And on the motion of Mr. Crutcher—5. A bill to alter the
time of meeting of the general assembly.

Ordered, That Messrs. Chambers, Bledsoe and Owens he
appointed a committee to prepare and bring in the first;
Messrs. Churchill, Chambers. Southgate and Davidge, the
second; and Messrs. Crutcher, Taylor, Slaughter and
Churchill, the third.

Mr. Chambers, from the former committee, reported a
hill, which was read the first time ; and the rule being dis¬
pensed with, it was read a second time, and committed to
Messrs. Johnson. Chambers and Owens.

Ordered, That the committee of the v hole house on the
state ot the commonwealth, be discharged from the further
consideration of the bill concerning the" duties of the register
of the land-office.

The said bill was taken up, amended at the clerk’s table,
and ordered to be engrossed and read a third time.

A message from the house of representatives, by Mr,
Hunter:

Mr. Speaker —The house of representatives have passed a
hill entitled “ an act for the benefit of part of the children of
AVilliaui Sthreshly, deceased in which they request the
concurrence of the senate.

And then he withdrew.

The said hill was then taken up. .read the first lime, and
the rule being dispensed with, it was read a second time anti
referred to the committee for courts ofjusticc.

1 lie iollov ing bills were reported from the several com¬
mittees appointed to prepare and bring in the same, to wit:

By Mr. M ood—A bill to extend the time for returning
plats and certificates into the register’s office, and for sur¬
veying certain lands in this commonwealth.

By Mr. IV ilson—A bill to increase the pay of the mem¬
bers of the legislature.

The said bills were severally read the first.time; and the
rule being dispensed with, they were read a second time.
The former was ordered to be engrossed and read a third
time, and the latter was committed to a committee of the
whole house on the state of the commonwealth.

And thereupon the senate immediately, according to the
standing order of the day, resolved itself into a committee of
the whole house on the state of the commonwealth, Mr. Da¬
vidge in the chair : and after some time spent therein, Mr.

THE SENATE. 29

Speaker resumed the chair, and Mr. Davidge reported, that
the committee had taken into consideration said bill, and had
gone through the same wit h amendments, w hich lie handed
in at the clerk’s table ; which were severally twice read and
concurred in.

Ordered, That tiic said bill as amended be engrossed and
read a third time.

Mr. Ford read and laid on the table the following resolu¬
tion, to wit:

Resolved hii the Semite and House of Representatives of the
Commonwealth of Kentucky, That they will proceed, on
Thursday tile iT'th of this inst. to the election of a senator in
congress for the ensuing six years.

An engrossed bill further to regulate the debt due the com¬
monwealth for the sale of vacant land, was read a third time
and laid on the table.

Bills for the relief of the administrators of John Stapn, de¬
ceased, and to regulate the ices of inspectors in this common¬
wealth, were severally read a second time. The former was
ordered to be engrossed and read a third time, and the latter
laid on the table.

The resolution for the encouragement of domestic manu¬
factures, was taken up and unanimously adopted.

Ordered. That Mr. Barry inform the. house of represen¬
tatives thereof, and request their conctfiTCtice.

And then the senate adjourned.

SATURDAY, December 12, 1813.

The senate assembled.

The speaker laid before the senate a letter from the audi¬
tor of public accounts, covering certain official statements,
which were laid on the table as follows, to wit:

Auditor’s Office, Dec. lltli, 1818.

Wm. B. Blackburn, Speaker of the Senate,

You will please give to the senate the accompanying state¬
ments, Nos. l to 7.

Your obedient servant.

J. MADISON, find.

JOURNAL OF

No. 1.

, •

J1 statement of monies received and paid at the treasury, in the
year ending on the loth day of November 1818.
RECEIVED.

For revenue collectable by sheriffs.

for the year 1806,

251

ditto" 1808,

103

ditto ,809,

185

ditto 1814,

1,148

ditto 1816,

53,977

ditto 1817,

2,178

or taxes on law process,

deeds, seals, and other

public documents, viz.

Clerks of coifrts,

8,956

1,054

Secretary,

20.

57,844 01

For tax on non-residents’ land, including amounts
paid for the benefit of purchasers,

For lines and forfeitures of recognizances,

For dividends on the state stock in the Bank of
Kentucky, viz.

For the 6 months ending 1st Jan. n SIS, 23,447 54
ditto lstJuly 1 818, 21,099 93

10,031 23

5,669 24
1,415 <84

For tax on stock owned by individuals in the
Rank of Kentucky,

For the sale of stray horses, residents’ land, Ac.,
&c. &c.

Of John F. Thomas, ex-treasurer, for interest
and costs, over and above S 26,607 86, for
which he was in default on the 30th of January
1818,

For funds appropriated for bank stock, viz.
Lands granted under the acts of 1795,

1797 and 1800, termed •'•'head-
rights,” 19,373 15

Ditto, act of February GLh. 1315, 17,865 04

Ditto, Tcllico, 193 05

From the agent of the penitentiary,

45,147 47
5,990 62
220 34

785 90

37,431 24
16,175 56

Total amount received in the year.

180,710 95

Balance of the treasurer’s account, on

the 10th November 1817", 58,304 65

Fijnn which will be deducted, for war¬
rants reported to have been paid, but
for which the treasurer omitted taking
the certificate of the committee who
examined his oflice, that they were
burnt or destroyed by them, 8G4 01

- 57,459 74

Grand total, SS58,150 69

PAID.

Warrants reported by the treasurer to have been
paid, ’ 201,509 99'

In the treasury on the 10th November 1318, 36,640 70

No. 2.

A statement of warrants drawn ly the auditor on the treasurer P
in the year ending the 10 th N ovember 1818; showing the
amount drawn for each source of expenditure, the amount
phid and unpaid.

For the salaries of the officers of the executive de-

partment,

9,961

Ditto ditto judiciary.

22,382

Postage,

787

Pensioners,

Negroes executed by order of court.

1,570

Sergeant'of the court of appeals.

,405

86-

Printing, l

2,475

Clerks’ ex officio services, stationary, <kc.

6,713

Contingent expenccs,

1,866

Executive offices.

2,877

Circuit courtjnilers,

1,915

Money refunded for (ax twice paid, &c.

2,270

S2"

Sheriffs comparing polls of election.

Military services*

743

Criminal prosecutions,-

12,809

The support of,lunatics.

8,645

Repairs on the governor’s house,

1,294

Ditto, state-house.

■5,200 ’00

The December session 1817 of the legislature, 24,617 56

JOURNAL OF

Internal navigation.

Bank stock,

Drawbacks on vacant land,
Loans to the penitentiary.

S8,l S3 Of)

32,300 00
2,520 15
24,054 9 L

-9',009 06

Warrants unpaid on the 10th November 1017, 3^2 47

201,960 83

Warrants paid by the treasurer in the year end¬
ing on the 10th day ol November 1818, 201,509 99

Warrants unpaid on the 10th of November 1818, 450 89

No. 3.

A statement of balances due the commonwealth on the 10 tli day
of November 1818.

Of the revenue collectable by sheriffs, there is

1 1
*•»

due for the ye

ar 1793,

52 73

do.

1794,

219 49

do.

179'6,

2,565 20

do.

1798,

101 36

do.

1799,

217 25

do.

1800,

172 25

do.

1802,

31 99

do.

1803,

.1.820 25

do.

1806,

613 26

do.

1807,

279 43

do.

1809,

48 58

do.

isn,

52 44

do.

1812,

129 16

do.

1814,

603 18

do.

1 S15,

1,821 50

do.

1816,

1,042 57

■om slieri

iffs for

fines.

50 00

The penitentiary for loans,

18.944 18

Clerks for tax on law process, &c.

2,503 68

John Logan,

former treasurer,

2,965 34

John P. Thomas, do. for a balance oi dama-

ges

recovered against him.

25,821 96

Total, 60,056 79

TIIE SENATE,

No. 4.

A statement nf amounts due from government on t
of November loin, for which the balance in the
the same day is subject to the payment.

For funds appropriated for internal navigation,
Ho. do. Bank stock,

Salaries of officers,

Amounts overpaid by sheriffs in the revenue of
1813,

Warrants unpaid,

uvaonffT

JOURNAL OF

Contingent expences, 5,000

Internal navigation, 40,000

Total, 143,140

No. 6.

J1 statement of the probable receipts in the year to end on the
10 th day of November 1819, subject to the ordinary expen¬
ditures of government.

The gross amount of revenue collectable by sheriffs
for the year 181", and payable on the first Mon¬
day in December 1818, is 69,(mS

The probable defalcation; taking that of the preced-

Nctt amount,

Of which there was paid, previous to the 10th
of November 1818, to the treasurer,

Add to this, for the defaults of sheriffs, from
whom (here may not be coerced in the ensu-
ingyear,

The amount which may be certainly calculated on
being received, will be

The amount which may be certainly calculated on
being received for tax on non-residents’ land,
will be

For the balances due from sheriffs, as detailed in
statement No. 3, judgments have been obtained
and executions issued ; those balances due lor the
years 1812, 1814, 1815 and 1816, will be paid to
the amount of

For the previous year no calculation can be made.

Of the balances due from clerks, S J,900 is from one
debtor; it may be eventually collected; for the
ensuing year, however, there is not expected from
this source more than

THE SENATE.

■For the balance due from John Logan, former treas¬
urer, a suit, aa directed bylaw, is pending; for
that against John P. Thomas, execution lias for
the present been suspended. It is expected the le¬
gislature will be asked for a remission of the dam¬
ages; il not granted, its collection will be attempt¬
ed. Both will be involved in too much uncertain¬
ty, to expect any increase of revenue for the ensu¬
ing year.

Jrom clerks for tax on law process, and the regis¬
ter for fees of office, " 9,00»

J or tax on stock owned by individuals in the Bank
of Kentucky, 6,000

1 or dividends on 5570 shares of stock in the Bank of
Kentucky, say at 8 per cent. 44,560

The balance in the treasury on the 10th of Novem¬
ber 1818, subject to the ordinary expenditures of
-government, after deducting the amount of state¬
ment No. 4, is

123,415

■28,161

„ . Total, 151,576

i rom this deduct the probable expenditures, (No. 5) 143,140

There will be in the treasury, on the 10th day of
November 1819, ’ S 8 436

Independent of those sums which may be received for tax
imposed on independent banks, and branches of the United
States’ bank.

For the recovery of the tax imposed on the U. S. branch
banks, the attorney-general has instituted the several suits
required by law. The nominal capital of such of the inde¬
pendent banks as are believed to have gone into operation,
amounts to g 7,770,000, of which it is supposed not more
than two-fifths have been paid, amounting to g 3,108,000 of
actual capital; on that amount there will be due, on the 1st
January 1819, a tax of g 15,540 ; which, if collected, will
make the balance in tire treasury on the 10th day of Novem¬
ber 1819, g 23,976. 1

36 JOURNAL OF

No. 7.

A statement of the situation of the Penitentiary.

MANUFACTURES.

From the 1st day of October 18IT. to the 30th
day of September 1818, the receipts of the
agent to the keeper, for articles manufactured
in that period, amount to 30,(

The agent is charged, in tire same period, for the
advance price of articles retailed.

Total, 30,:

The agent is credited, for the prices of
articles reduced by order of the keep¬
er, the sum of 697 00

The keeper consumed, in the several
manufactories) raw materials to the
amount of 19 9TO 95

30,065 40
175,22
30,240 62

Gross profits on the articles manufactured,

The cxpcnces of the institution, in the same period,
are, for fuel, 1,718 96

Clothing, 233 39 •

Diet, 2,277 53

Guards, 960 00

Contingencies, 904 58

-6,094 46

The agent and keeper’s salaries and
commission, and the pay of an assis¬
tant keeper, 2,992 28

Nett profits,

20,676 95
9,563 67

9,086 74
S 476 93

THE ICEEPFjR.

There was due to him on the first ol Oct. 1S17. 11,757 08

He has, from that'’period to the 30th day of Sept.

1818, paid for cxpcnces as enumerated in the
manufacturing account, 6,094 46

For debts due to individuals, 1 ■'

For raw materials, including S 10,000 paid for

rolled iron, at S 235 per ton, 15,002 54

Total,

32,871 26

THE SENATE.

lu the same period lie received warrants on tlio
treasurer for these objects, to the. amount ot

Due to him on the 30th Sept. 1818,
j.n vns.

Oct. 1st. 1317, was due to government for loans.
Received by the keeper as above stated,

Received by the keeper and agent, in part of their
compensation,

Total,

Paid by the agent to the treasurer, in the year
ending the 30th September 1818—

For costs. 99 67

Interest, 29 80

Debts, ' 10.838 90

Sales, ' 4,450 19

22,757 08
10,114 18

9,911 13
22,757 08

2,106 70

34,774 91

Due to government on the 1st Oct. 1818,

RAW MATERIALS.

October 1st, 1817, on hand,

Consumed in the same period,

October 1st, 1818, on hand.

Consisting ol-—

Shoe leather, to the amount of

Paints, oil and timber for chairs, to the amount of

Stones for tombs, slabs, &c. _

18 tons of rolled iron, estimated at (including me
expcnccs of transportation) S 250 y r ton,
4304 lbs. of nail rods, steel, iron, and various
other articles, to the amount ot

- 17,424

17,350

11,530

!, 15,002

26,533

19,979

6,553

S Ali i-4 3 •

Sold on a credit,

For cash,

Total,

the agent.

Oct. 1st, 1817,in his hands, manufactured articles,

Debts,

92 00
367 10
413 00

4,500 00

1,181 25

6,653 35

19,3 52 83
4.4 5.6 19

23,809 02

15.105 72
25,112 66

JOURNAL OF

From the above period to the SOth Sept. 1813
lie has been charged with—

Manufactured articles received of the keeper.
Interest received.

Costs received.

Advance prices on articles retailed,

He is credited by-
Prices on articles reduced.

Costs paid.

Errors in the keeper’s list of debts due
Monies paid the treasurer, as mention¬
ed in the *•'loans” account,

„„ . . . „ „ Hue, 52,250 52

Of winch Sol, 410 20 are debts, and § 20,840 32 are
manufactured articles. On the list of debts, is a charge of
34017. lor articles furnished government, and debts noted
“ insolvent, to the amount of S 1,956. Upwards of S 16,000
ot the manufactured articles, consist of nails, mostly cut, at
15, 16, 17 and 18 cents per pound.

The general account of the institution will be—

CREDITS,

By debts due, 31,410 20

Manufactured articles, 20,840 32'

Raw materials, o’kst ss

Hue for loans.

The keeper.

Ditto and agent for compensation

Nominal worth on the first day of Oct. 1818, 30,453 76

Auditor’s Office, Dec. 1 lth, 1818.

i lie foregoing statements, Nos. 1 to 7, arc submitted to
the senate,

,,,, , , J. MADISON, Mil.

l lie speaker laid before the senate reports from the com¬
missioners appointed to superintend the improvement of the
navigation of Salt river, under the act of the last session,
je.iititled “an act for the improvement of internal naviga-

To the honorable the General Assembly of the State of Kentucky-.

Your commissioner, appointed last session to superintend
(in conjunction with Messrs. Philemon Waters and Samuel
M’Lean) the improvement of the navigation of Salt river and
its navigable branches, reports': That the three commission¬
ers met at Freak’s island, on the Rolling fork, on the 11th
day of last May, to examine the three branches of Salt river,
and adopt the most advisable plan for their improvement y
and that as the navigation of each stream seemed c t( equal im¬
portance to the country adjoining, to forward the business
and save money, each commissioner took his river—mine
was Salt river ; and that after procuring proper tools and
provisions, your commissioner commenced his labor at
Clark’s island, at the crossing of the road from Louisville to
Bardstown, that island being considered by all the naviga¬
tors of that river as far the most difficult place to pass, and
that he cut a channel through said island, about seventy feet
wide and about two hundred yards long, and that in so doing
he has made thenavigation of that place, in his-opinion, tol¬
erably sate; that he then proceeded up the river, removing
all trees, logs, roots, fish-dams, &c. which in his opinion
most impaired the navigation, until lie reached the mouth of
Ash’s creek, a distance of about 65 miles above the mouth of
Salt river; and then, ho turned back, and proceeded down,
the river to the falls at Shepherdsville, and commenced his
operations there by removing all the rock which projected
above the level of the river, and that he has removed all the
most prominent obstructions at the falls, at a very considera¬
ble expcncc. Your commissioner is of opinion that Salt riv ¬
er yet wants considerable improvements, particularly at the
following places, viz. the Fiddlestring islands, Clark’s ford 7
mouth of Cedar creek, and very considerable improvements
at the falls. Your commissioner would further state, that iiv
his opinion the only lasting, improvement that can be made,
on our small rivers, is dams with locks and gates, so that
boats may pass with facility up as well as down, and our pro¬
duce go to market as it is made ready by our farmers, which
will insure to the trader a better price than be now gets..
And lastly, your commissioner has not, appropriated all the
money furnished him ; the balance he is ready to use or ap¬
propriate as your honorable body may please to direct.

The above is submitted with due respect.

JOHJN CHURCHILL.

JOURNAL OP

To the honorable the General Assembly of the State ofKentucky ,

Your commissioner, appointed at the last session of the le¬
gislature to superintend (in conjunction with Messrs. Phile¬
mon Waters and John Churchill,) the improvement of the
navigation of Salt river and its navigable branches, reports:
That the three commissioners met at Freak’s island, on the
Rolling fork, the 11th day of last May, to examine the three
branches of Salt river, and determine on the most advisable
plan to be pursued in their improvement; and that as the
navigation of each stream seemed to be of equal importance
to the section of country adjoining, to expedite the business
and lessen expence, they each took a third of the money ap¬
propriated, and each took a river, viz. Philemon Waters, the
Rolling fork; .Tohn-Churchill, Salt river; and your com¬
missioner, the Beech fork ; and that after procuring the ne¬
cessary tools and provisions, he commenced his labor at Sun-
fish island, (the place considered by the navigators most dan¬
gerous) and cut a channel through the island GO feet wide,
which makes the river straight, and in his opinion of that
place, perfectly safe ; that lie then proceeded up the river,
removing fish-dams, large rocks, dangerous trees, roots,
logs, &c. and that at Ilog run (hitherto considered very un¬
safe) he removed a small island, thereby straightening the
channel, which has much mended that place. He then pro¬
ceeded up the river, removing the principal obstructions,
until he reached Syhert’s mill-dam, a distance of about 55
miles by water from the mouth of the Beech fork ; that he
then returned to Sunfish, and continued down the river to
Shiekliff’s island, and there he made a new channel and re¬
paired the old one, so that both are now pretty safe ; thence
lie proceeded on down to the mouth .of the river, removing the
principal obstructions, blowing and removing all the rocks in
the channel, which were numerous and large, and some very
■difficult to blow, the removing of which is certainly (although
far the most expensive) the most permanent and lasting good
lie has done the navigation. Next to the rocks, the fish-
dams were most troublesome—one almost at every shoal,
and some of them very large and strong, all of which are re¬
moved ; hut your commissioner fears that ere long many of
them will be . > nit, much in the injury of the navigation.

Your i.-sioner further states, that there are three
mill-dams ..cross t! river, the uppermost of which (Joseph
Ray’s) war <i , ,y considered (lie head of the navigation ;
but as boats now cross it, your commissioner thinks it Kroner

THE SENATE.

vliat aslope should he made, to render the passage, of boats
more safe and certain. The next dam is Peter Sybert’s, one
mile below llay’s ; and the third and last is Hill and Row¬
an's, 8 miles above the mouth of the river. The last named
two dams have until lately been kept in very bad repair ; but
now their slopes arc in good order, and the opinion of the
best: pilots on the river is, that loaded boats ran pass them in
safety, when they ran pass the balance of the river. Al¬
though your commissioner has great respect for their opin¬
ions and judgment, he is obliged to believe it will require 8 to
13 inches more water to pass them in perfect safety, than to
pass the balance of the river.

Your commissioner would further state to your honorable
body, with due deference and respect, that in'his opinion Hie
only description of improvement to our navigation that will
he permanent and lasting, and of real utility to our com¬
merce, is dams with locks and gates, so that boats may pass
up as well as down, with perfect safety, and our produce get
to market as our farmers get it ready, and insure to our ex¬
porters its full value : whereas, in our present navigation,
lialf.tbe produce of a season goes out of our rivers in a single
fresh, and Hie quantity thrown into market at one time, far
exceeds the demand ; the result of which is, it must he sold at
a loss.

And lastly, vopr commissioner has not appropriated quite
all the 1 u 11 (Is placed in his hands : the balance he. is ready to
use or appropriate as your honorable body may please to
direct.

The above is with due respect submitted.

SAMUEL M LEAN

To the honorable the (rcntral .assembly of fhc Commonwealth of

Kentucky.

Your commissioner would state, in pursuance to an act of
the last legislature of this state, entitled “an act for Hie im¬
provement ot internal navigation,that lie, in conjunction
with the, other commissioners of Salt river and its navigable
branches, commenced their:operations on the nth of May
last. They met in .convention at Freak's island, on the
Rolling fork ol Salt river—the clearing out of which stream
was assigned your commissioner, and one third of the money-
allowed for Hie clearing out of Salt river was - received by
him. On its reception, your commissioner immediately set
‘■hunt procuring the necessary articles id labor and sustenance
iortl; of the hands, which your commissioner was able

JOURNAL OF

to procure by the first of June last: on which day lie com¬
menced the improvement of the Rolling fork, adjacent to
Andrew Muldrough’s, of Washington countv, and working
from thence to Freak’s island, the computed distance of 100
miles by water. Your commissioner employed his hands in
cutting up the rafts of timber which were lodged in said riv¬
er, cutting down and grubbing up a number ol trees on the
bank at different places, which were, or likely to become ob¬
structions in the navigating of said stream, and clearing the

points of islands. On the 21st of August, your commission¬
er discharged the most of the hands lie had in bis employ.

With those retained, and what additional hands lie employed,
lie made a complete channel through Ewing’s falls, removed
Ray’s rocks and the rocks which were in the narrows, which
were considered the greatest natural obstructions. Your'
commissioner blew rock at several other places ; he finished
his labors on the last of October, but would have worked ten
miles farther up the river, as it was considered navigable, but
owing to most of the work remaining to be d ine being under
water, and the season being too cold for bancs to be engaged
in such business, your commissioner thought it advisable to
proceed no farther. Your commissioner has expended some¬
thing like 1800 dollars, which will appear by reference to his
von- hers and list of expenditures filed in the auditor's office
—leaving a balance of something upwards of 800 dollars in
his bands. Your commissioner would state, that much yet
remains to be done for the improvement- of the navigation of
said stream. The obstructions removed by him were only of
tbelinost immediate and fatal kind, leaving a number ol rip-
pins and points of bends untouched. Here your commission¬
er would state, that the Rolling fork is a very crooked stream;
in places not more than forty or tilty feet wide in boating
season ; its banks subject to cave; and he is apprehensive,
from the narrowness f the river and the quantity of timber
he has been necessarily compelled to cut and leave lying on
its banks, that on the first flood it may lodge in many places,
so as to obstruct (lie navigation in descending Ihc river.
These artificial obstructions your commissioner thinks may
he easilv removed, and when once done, may not again re¬
quire labor for several years.

Yours, kc.

PHILEMON WATERS,

One of the commissioners of Salt river.

Ordered, That said reports be laid on the table.

THE SENATE. 43

Mr. W'ickliff read and laid on the tabic the following reso¬
lution, to wit:

Resolved by the general assembly of the commonwealth of
Kentucky, That a committee of five members from the senate
and ten from the house of representatives, be appointed to
take into consideration the reports, and to examine the ac¬
counts of the commissioners appointed by the legislature,
conformably to the*act for the improvement of internal navi¬
gation, and to report thereon.

And thereupon, the rule of the senate being dispensed with,
it was taken up and adopted.

Ordered, That Mr. Wickliff acquaint the house of repre¬
sentatives therewith, and request their concurrence.

The following bills were reported by the several commit¬
tees appointed to prepare and bring in the same, to wit:

By Mr. Johnson—4. A bill for taking the sense of the
good people of this'cominonwealth on the propriety of calling
a convention.

By Mr. Jones—2. A bill to release the state's claim to
salt water in certain cases.

By Mr. Owens—3. A bill for the benefit of Daniel Tra-
bue.

By Mr. Owens—4. A bill appointing commissioned} to
view a way for a state road from Danville to the Tennessee
line, on a direction to intersect the national road from New-
Qrleans to the Muscle Shoals.

By Mr. Owens—.5. A bill for the relief of Francis Petty
and Landefur Petty.

"Which were severally read the first time.

The question being taken on reading the first bill a second
time, it was resolved in the affirmative—Yeas 14, nays 13.

The yeas and nays being required thereon by Messrs.
Bledsoe and Davidgc, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Bridges,
Chambers, Faulkner, Given, Griffin, Harrison, Johnson,
Jones, Owens, Slaughter, Wickliff, Wilson, Wood and
Worthington.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Bartlett, Bledsoe, Churchill, Bavidge, Ford, Ma¬
son, Perrin, South, Southgate, Taylor, Thompson and Yan¬
cey.

The other bills were ordered to be read a second time.

A message from the house of representatives, by Mr.
Barr:

JOURNAL OF

Mr. Speaker —The house of representatives concur in flu?
resolutions from the senate, for the encouragement of domes¬
tic manufactures, and a resolution appointing committees to
examine the public offices, have appointed the committees on
their part, and they have adopted the following resolution, to
wit:

lx tiie Hotise of Representatives, Dec. 1 1th, 1818 .

Resolved by the general assembly of the commonwealth of
Kentucky, That the secretary of the senate and the clerk of
the house of representatives, be. and they are hereby respec¬
tively authorised to procure from time to time a sufficient
quantity of parchment on which to enrol the bills passed by
the general assembly ; and that they report the cost of the
same to the auditor of public accounts; who is hereby au¬
thorised upon the delivery of proper vouchers to audit am.
pass the same.

Extract, Ac.—Attest. II. S. TODD, C. II. It.

In which they request the concurrence of the senate.

And then he withdrew.

Messrs. M ickliff, Slaughter and Davidson were appointed
a committee on the part of the senate, to examine the treas¬
urer’s office; Messrs. Johnson, South, Davidgc and Mason,
the register’s office ; and Messrs. Owens, Perrin., Thomp¬
son, Jones and Ford, the auditor’s office.

An engrossed bill further to regulate the debt due the com¬
monwealth for the sale of vacant land, was taken up ; and the
question being taken on the passage thereof, it was resolved
in the affirmative—Yeas 21, nays 3.

The yeas and nays being required thereon by Messrs 1 .
Faulkner and Jones, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Bartlett, Bledsoe, Bridges, Crutcher, Davidgc,
Ford, Given. Griffin, Harrison, Johnson, Mason, Owens,
Perrin, Slaughter, South, Taylor, Wilson, Wood, Worth¬
ington and Yancey.

Those who voted in the negative, are, Messrs. Fauikner,
Jones and Wickliff.

Resolved. That the said bill do pass, and that the title he
“ an act further to regulate the payment of the debt due the
commonwealth for the sale of vacant land.”

Ordered, That Mr. Owens do carry said bill to the house
of representatives, and request their concurrence.

The speaker laid before the senate reports from the com¬
missioners appointed to superintend the improvement of the
navigation of Cumberland river, under the act of the last

THE SENATE.

session, entitled “ an art for 1 ho improvement of internal
navigation which were ordered tu be laid on the table, to
wit:

Gentlemen of th e Ramie,

and House of Jlcprescvlaiives,

As commissioner tor the t himberland river, purler an act
for the improvement of internal navigation, approved Janua¬
ry 28. ISIS, it is made the duty of said commissioner to make
report to the legislature, of the improvements made, and those
still necessary to he made, if any.

It lies hern agreed by the hoard of commissioners for this
river, for me to act on the lower part of I he river below ihe
Tennessee line, and report the same. This became necessary
from the great distance between us. which is at least 200
miles. For this purpose 1 have recci vt d the sum of S1 333 34.
After review ing the river from the Tennessee state line down
to the mouth of the same, 5 found there were no materiel ob¬
structions w hich could be removed w ilhthesum in my hands;
I found a few logs and snags, hut they were so few as not to
impede navigation—there is about eight or ten shoals in the
river—nothing could he. -done with these—some of them
rocky, others sandy bottoms. Tu effect any good, it would
take an immense silmi of money. Those which are rocky,
would have to he blown and deepened ; the sandy slmals of
the river would have; to he confined to one place.

Some of those shoals are from one to one and a half miles

long, not any oPthrm but. is onc haM mile. There is never
more than three months in the year that those shoals are in
the way : and some years deep enough all the ycari'or boats
of common burthen, such as keels, fcc.

Under all these considerations, 1 am very clear of opinion
that the benefits arising to the" stale- would not half pay the
expences. The principal benefits would he to the state of
Tennessee ; and until they’would meet, ns with a similar law
to clear out the obstructions above,“it would not be advanta¬
geous to the state to do any thing to this part of* the river.
If you in your wisdom should coincide with me in this opin¬
ion, there is in my hands aiiouttwclve hundred and sixty-
five dollars, w hich is unappropriated, and w ill at ail times he
subject to your order.

I have only expended the sum of sixty-seven dollars and
fifty cents, which will more, fully appear by my account which
is filed in the auditor's ofllce.

Your obedient servant,

JOSEPH It. GIVEN.

JOURNAL OP

To the Kentucky Legislature.

Pursuant to an act of the legislature of Kentucky, approv¬
ed January 28th ISIS, entitled “ an act for the improvement
of internal navigation,” the undersigned,'being one of the
commissioners appointed for Cumberland river, begs leave
to submit the following report on his part—first premising
that only two of the commissioners appointed for the Cum¬
berland river have met on the upper part of the said river
and acted, to wit: himself and Samuel Newell : that accord¬
ing to arrangements made between said Newell and the un¬
dersigned, they divided said river above the Tennessee state
line into two parts, the undersigned taking the lower part,
beginning at Higgins’ island in Cumberland county, and su¬
perintended the improvement of the navigation of said river
from thence to where the Tennessee state line crosses said
river, near Martin’s ferry, being a distance of about eighty
miles. The undersigned drew as bis portion of the appro¬
priation for the aforesaid fiver, thesum ofglSSS 1-S, which he
expended, as lie believes, in the most advantageous man¬
sion he could for the improvement of the navigation of said
river, lie states, that himself and the said Samuel Newell
commenced at the long shoals of Cumberland river, in the
county of Pulaski; that being as high'up the river as they
thought it advisable to ascend, the shoals in that place ren¬
dering it almost impracticable to ascend higher with boats, or
to pass them in descending. They, therefore, made this the
place of beginning. They descended the river in con junc¬
tion to the said line of Tennessee, viewing it minutely and
critically, noting down each obstruction, and where practica¬
ble to be removed, they made a calculation of the probable ex-
jpencc it would take to remove filename. The total result of
their estimate, from the aforesaid shoals to the Tennessee
line, being lor miles, they made .818,575, for which sum
they were of opinion every obstacle to the safe navigation of
said river the distance aforesaid, could be removed, which
w ould be prudent to attempt removing. The undersigned
and sui.l Newell then agreed upon a division, and with the
sum of S 1,333 1-3 the undersigned proceeded with bis part,
iie considered the sum appropriated as altogether inadequate
to complete the removal of obstructions fully ; and therefore
thought it most advisable to remove the most prominent, and
such as would most obviously impede navigation ; and that

THE SENATE.

short lengths the trees drifted up at the bends of the river,
and at inlands, in such manner as to loosen the raft, and ren¬
der the drifts in a situation to he floated off ; he cut down the
sawyers and planters, (so called by river navigators) to low
watermark, in executing the above, 1 he undersigned presumes
he has much aided the navigation of the river within his boun¬
dary. and has had as much labor done for the sum expen-
ded'as could possibly have been expected. The undersigned
states that much remains yet to be done in his part of said ri¬
ver. as before designated ; before it will be complete, there
will be rocks to blo w which now project up to some height,
against which boats frequently stove, or arc in danger: there
are logs and roots to raise and remove which are now fast
in sand and mud, which if removed, would render the nav¬
igation much more safe. The undersigned, from his hrst es¬
timate, and also including the mouths ol two water cour¬
ses. the one Crocus .and the other Marrowbone, the former
to the extent of live miles, and the latter two miles—which
could be greatly improved, and down which boats frequently
descend into the Cumberland river—is ot opinion tout the
further sum of 5 8,433 could be advantageously appropria¬
ted ; and for which sum, he thinks all could be done for the
improvement of navigation which would be practicable to at¬
tempt.

All of which he respectfully submits to the honorable legis¬
lature of Kentucky.

JOHN PAUL,

One of the Commissioners of Cumberland hirer.

The resolution fixing on a day on which to elect a senator
in congress for the next senatorial term, was taken up, and
amended t.o read, after the word congress, « for six years,
commencing on the fourth of March nextand the question
buiyg taken on adopting the same, it was resolved in the af¬
firmative—Yeas 14, nays 13.

The ) • as and nays being required thereon by Messrs.
Bledsoe and Owens, were as follows, to wit:

Th-'se who voted in the affirmative, are, M-s-ts. r.dges,
Churchill, Crutcher, Davidge, Faulkner. Ford, (irjfi:n, Har¬
rison, Jones, Mason, Owens, Slaughter, W ickliQ ami V, orlli-
ington.

Those who voted in the negative, are, Mr. Sprukc ami
Mv--s;m. Curtlrlt, Bledsoe, Cimmbeis, Gwen, Job nm . 1'' r-
riti. S«;.:di, Southgate, Taylor, Wilson. Wood ami t am ;.

Gr ieved, That. Mr. Crutcher arqv.amt the nous.' • , iquc-
sentaiives therewith, and request their concu;reiue.

Engrosser ’..-lls, viz. To extern! 'lie time for returning
plats and rertiflea f ' tnto the. register’s office, and for sur¬
vey iug certain t in this commonwealth; concerning the
duties of the register of the land-office : for the relief of the
administrators and heirs of John Stapp. deceased ; and to
increase the pay of the members of the legislature •, were
.severally read a third time.

The liist was committed to Messrs. Johnson. Owens and
Wood; the second to Messrs. Johnson, Owens, Bledsoe,
Wood and Bridges ; 1 lie two latter were laid on the table.

Mr. Bartlett read and laid on the table the following reso¬
lution, to wit:

Resolved hy ihe g cncral assembly of Ike commonweadk of
Kevtrrky. '! had iffi- auditor of public accounts be, and be is
hereby authorised to ■ mploy, at public ex ponce, an additional
counse! or or attorney, to assist the attorney-general in the
prosecution of such suitor suits, as lias hern, or may he ne¬
cessary to prosecute against the officers of the branch banks
of the United States located in this state: Provided, not
more than the sum of two hundred dollars shall he gi\cn as
a coWprrsRfioii to .sneh counsellor or attorney.

And thereupon, the ride being dispensed with, the said re¬
solution was taken up and adopted.

Ordered. 1'hat the clerk acquaint the house of representa¬
tives therewith, and request their concurrence.

Mr. Crutcher read and laid outlie table the following reso¬
lution, to wit :

The location of the bran: h banks of the United States
within this state, and the serious and embarrassing eli'ects
produced by the measure pursued by the directors of that
institution at Philadelphia, are subjects which deserve the
serious attention of tin, legislature of Kentucky.

Whether it was w ise and politic, or constitutional, for tiie
congress of tlic Unite .dales to erect such a powerful monied
aristocracy, with power'to.extend its baneful influence into
every slate or section of our country ; whether that corpora¬
tion has not by some art inconsistent with the conditions of
its charter, forfeited its privileges, are questions of great mo¬
ment, and desert e not only the consideration of the people of
Kentucky, hut :.fe citizens of every other state, and their
representatives in (lie congress bi (lie United State's.

It was hoped In all, ami asserted by the friends of the
Bunk of the United States, that the location of ils two
branches in this stale, w ould aid our commercial enterprise,
particularly our trace up and down the Mississippi river :

THE SENATE.

that it would tend to equalize the exchange, and afford us
mercantile facilities of which we were not possessed.

In all these things we have been disappointed, and experi¬
ence proves that the operations of those institutions have
greatly diminished the circulating medium, and embarrassed
our state institutions.

W bile the stock of our state banks and other hanks is tax¬
ed lor the support of government, the United States’ bank
denies the right or power of this commonwealth to impose a
tax upon the stock held by citizens, non-residents and aliens,
in that institution. Against this position, we, as the repre¬
sentatives o( the people of this state, protest.

We believe, that the best interest and prosperity of our cit¬
izens require the speedy withdrawal of those branches from
this state.

We also believe, that if the stockholders or the directors of
the Bank of the United States have by any act forfeited their
charter, that, it is expedient to repeal the same.

Wherefore,

Resolved by ihe Senate and House of Representatives of the
Commonwealth of Kentucky, That it is the wish, desire and
interest of the people of this state, that the president and di¬
rectors of the United States’ bank recal their branches locat¬
ed in this state.

Resolved, That our senators and representatives in con¬
gress, he requested to take into consideration the expediency
and constitutionality of repealing by law, or otherwise, the
charter .of said hank.

Resolved, That the executive of this state be requested to
forward to each of our senators and representatives in con¬
gress. a copy of these resolutions.

Resolved, That he forward to the president and directors of
the Bank of the. ( nited States, a copy of these resolutions,
and request their attention to the same, and their determina¬
tion upon the subject.

Ordered. That the public, printers' forthwith print 150 co¬
pies ot said resolution, for the use of the members of the le¬
gislature

And then the senate adjourned.

JOURNAL OE

(>0

MONDAY, December 14, 1818.

The senate assembled.

Joseph Eve, Esq. a senator from the counties of Knox and
Clay, appeared and took his seat.

The speaker laid before the senate a letter from a commit¬
tee of the trustees of the Transylvania University ; which
was taken up and read as follows, to wit:

Lexington. Dec. 8th, 1818.

Sir —Through you the trustees of the Transylvania Uni¬
versity w ist) to communicate to the members of the senate of
Kentucky, that on Saturday the 19th inst. the -inauguration
of the president and professors of the college will take place?
when the trustees will be gratified to see such of the members
as can make it convenient to attend.

With sentiments of great respect, we arc,

JOHN T. MASON, 1
LEWIS SANDERS; l Committee.
CHs. HUMPHREYS,J
The Speaker of the Senate of Kentucky.

The following hills were reported by the several commit¬
tees appointed to prepare and bring in the same, to wit :

By Mr. Bledsoe—A bill to provide for the revision of the
statutes of this commonwealth.

By Mr. Crutcher—A bill td change the time of meeting of
the general assembly.

Which were severally read the first time, and ordered to
be read a second time.

Ordered, That the public printers forthwith print 400
copies of the former bill, for the use of the members of the le¬
gislature.

Leave was given to bring in the following hills, to wit:

On the motion of Mr. Wood—l.A bill further to indulge
the settlers on the lands acquired by the treaty of Tellico, to
pay the state price on their claims.

On (he motion of Mr. Southgate—2. A bill to amend an
act entitled “ an act respecting the conveyance, and also the
division of the real estate of William Kennedy, Benjamin
Beall and Jerinethe H. Beall, late of the county of Camp¬
bell,” passed in 181 7.

And on the motion of Mr. Perrin—3. A bill to amend and
reduce into one the several acts respecting the opening and
keeping in repair the public-roads in this commonwealth.

Ordered, That Messrs. Wood, Griffin, Worthington and

Eve be appointed a committee to prepare aud bring in the

THE SENATE.

first; Messrs. Southgate, Perrin and Thompson, the second;
and Messrs. Perrin, Bledsoe, Taylor, Davidson, Faulkner
and Davidge, the third.

Mr. Wood, from the first committee, reported a bill, which
was read the first time and ordered to be read a second time.

Mr. Johnson, from the committee to ^hom was referred a
bill for the relief of Charles Willot, sen. reported the same
with an amendment, which being read was concurred in, and
the bill as amended ordered to be engrossed and read a third
time.

A message from the house of representatives, by Mr.
Smith:

Mr. Speaker —The house of representatives have passed a
bill entitled “ an act for the benefit of Charles C. Carson
in which they request the concurrence of the senate.

And then he withdrew.

The said hill was taken up, read the first time and order-
ltd to he read a second time.

A message from the house of representatives, by Mr.
Booker:

Mr. Speaker —The house of representatives have passed a
bill entitled “ an act establishing the town of MaxviSle, in
'Washington countyin which they request the concurrence
of the senate.

And then he withdrew.

The said hill was then taken up, read the first time and or¬
dered to he read a second time.

A message from the house of representatives, by Mr.
Lackey:

Mr.'Speaker —The house of representatives have passed a
bill entitled “ an act to open a road from Mountsterling to
the Virginia line, by way of Prestonslrarg, and for other
purposesin Which they request the concurrence of the
senate.

And then he withdrew.

The said bill was then taken up, read the first time and or¬
dered to be read a second time.

Mr. Bledsoe, from the joint committee appointed to exam¬
ine the Bank of Kentucky and its branches, and to inquire
into the causes which led to the late suspension and resump¬
tion of specie payments, made the following report, to wit:

The joint committee of the senate and house of represen¬
tatives of the legislature of the commonwealth of Kentucky,
raised to examine the state of the hank of Kentucky and its
branches, and to inquire into the causes which led to the late

JOURNAL OF

suspension and resumption of specie payment's, have but par¬
tially performed their duty. In consequence of a want oflate
reports from some of the branches of the institution ; the com¬
mittee have confined their attention exclusively to the causes
which led to the suspension and resumption of specie pay¬
ments. On this subject the committee have received a re¬
port from the president and directors of the bank, which is
herewith respectfully submitted, and they concur in adopt¬
ing the following resolution :

Resolved , That the report of the president and directors
of the bank of Kentucky, setting forth the causes of the late
suspension and resumption of specie payments, be spread on
the journals of each house and published in the Argus for the
information of the public.

! he following statement is submitted to the joint commit¬
tee of the senate and house of representatives, appointed by
the legislature to inquire into the causes which Led to the sus¬
pension and subsequent resumption of specie payments by
the bank of Kentucky and its branches.

1 lu^t by the books of the bank of Kentucky, it appears
that from the month, of September, 1813, to the 30th De¬
cember, 1814, (a period of regular business when no pecu¬
liar or extraordinary circumstances occurred to produce
oscillation in the operation of the bank) whilst the capi¬
tal ol the hank of Kentucky (exclusive of its branches) ad¬
vanced from §263,000 to; §359,000 ; its notes in circulation
advanced from the amount of Si 00,000 to §139,000. The
amount of deposits (exclusive of those hv the government of
the U. States and by this state) advanced from S2S.OOO to
52,000, and the demand on the bank for specie was compar¬
atively small.

I hat subsequent to the peace and the resumption of specie
payments, no extraordinary demand for specie was experi¬
enced by this bank from individuals ; hut the confidence in
this institution appeared unaffected by the suspension of spe¬
cie payments during a period of war.

That on the 21st of April, 1 8ir, the notes of this bank (ex¬
cluding its branches) then in circulation amounted to g 4 ir,
000 ; its capital to 559,000. The balances of accounts cur¬
rent or deposites (excluding those of the United States and of
this state) amounted to §58,41(5.

That on the 30th December, lSir, the capital of this hank-
had advanced to §608,000 ; its notes-in circulation were re¬
duced to 229.000, The balances of accounts current or do-

THE SENATE. g*

jiositcs, exclusive of those due, the state and the hank of the
United States, were § 10-1,000.

That on the 20th of November last, with a capital belong¬
ing to this hank (exclusive of its branches) of §63 >,000 ; its
notes in circulation were reduced to Id',,900 : the deposites
(excluding those of tlie state-anil of the' bank of the United
States) were 27)000.

Since that time the demand for specie lias continued and
the notes in circulation at this time nmowntonly to glGl.ooo.

In the course of the present year this bank alone. exclusive
of its branches has imported from \ew-Orlcans and from the
eastward of the Alleghany in specie gj-i ),oob. Since'the.
1st of January last to the 20th November, this hank exclu¬
sive of its branches, had paid in specie about §250,000, of
which sum §82.00.0 has been paid to the bank United States
since the first of June last.

That the specie in the vaults of this hank (notwithstanding
the importations from Ncw-Orleans and the eastward, and
notwithstanding receipts from oilier quarters) had been redu¬
ced on the 20th November last to a.sum greatly -below the
amount on hand when specie payments were resumed in the
spring of 1817".

That from the 30th August to the 20th November last the
sum of §05.000 had been drawn in specie from this bank ex¬
clusive of the sums drawn from the branches. That at the
time, of the suspension of specie payments on the 20th No¬
vember last, the balance due, and liquidated from this hank
and its branches to the office’of discount and deposife of the
bank of the United States at Lexington, was §196,000 j and
the notes held and mireported were, estimated at a considera¬
ble sum, calculating the amount from t he accumulation which
had occurred in similar spaces since the former liquidation.
The amount of the demand, at and immediately before the
suspension of specie payments, on the 20th ofNovcmber last,
by the officers of the hank ‘of t he United States at Lexington
and Louisville, upon the hank of Kentucky and its branches
amounted to §409,000 including in that estimate, the sum of
§55,000 drawn in specie from pur branch at Louisville.

fiver and above these demands the directors of the hank of
Kentucky had reason to believe, that large sums of the pa¬
per ot the bank of Kentucky and its branches, were in the
hands ot the receivers of Ih6 United Slates for sales of pub¬
lic lands, and would shortly he deposited in the offices of the
bank of the United States at Lexington and Louisville as ad¬
ditions to the demand of §409,000 above - stated, and that

JOURNAL OF

54 JOURNAL OF

from this source, heavy and continued additions to the tie-
mauds of the banks of the United States might be expected.

That owing to the difficulties and embarrassments of the.
times and apparent distress of the community by tbe abstrac¬
tion of a considerable portion of the circulating medium of
the country, and the increased pressure and embarrassment
anticipated, should the banks attempt a speedy collection of
their funds by the curtailment of discounts, balances had
•been suffered to run on interest at the offices of the bank of
the United States ; and SGine of the- branches ‘of the bank of
Kentucky, calculating on a continuance of their interest ac¬
counts, were not prepared to pay their balances to the bank
of the United States upon a' short notice.

That the cashiers of the offices of the bank of ihe United
States at Lexington and Louisville were instructed by the
hoard of directors at Philadelphia to put an end to the inter¬
est accounts and collect the balances without delay. Upon
being informed of such instructions tiie board of directors of
the bank of Kentucky appointed a committee to negotiate for
time for payment of the reported balances due from the bank
of Kentucky and its branches and for holding up for a time
the paper on hand not reported. That committee addressed
a letter to the cashier of the office of discount and deposite of
the bank of the United States at Lexington, in substance as
follows :

SIR—We arc directed by the bank of Kentucky to apply
to the office of discount and deposite of the U. States’ Bank
n Lexington, for information whether any r , and what indul¬
gence can he given for the balances now due by that institu¬
tion and its branches, and to ascertain what measures will
be pursued with such paper of the latter institution as is now
old or may hereafter be received by the oflicc of discount
and deposite. The motive's which hawe led them to ask for
this information arc the pressure produced upon the establish¬
ment by the rapid influx of their paper, the- necessity of pre¬
paring by every means in their power to meet the demands
they have reason to expect, and the apprehension, that with
air their efforts, the great difficulty which the present slate
of the country presents to collections, may prevent their ef¬
fecting this object.

It is the earnest wjsh of the bank of Kentucky to avoid a
catastrophe, the consequences of which cannot be foreseen,
smd it is their duty-;to attempt any measure which may he
calculated to put this in their power or may lighten the pres¬
sure upon the country. The most effectual of these it is con-

THE SENATE.

<55

geived would be to obtain from your institution the indulgence
now suggested. If our opinion is asked of the extent of the
indulgence necessary to enable the bank of Kentucky to ef¬
fect the objects we have mentioned, we believe that payments
of the present balances in three instalments, xme third when
due, one third in thirty, and one third in sixty days, with in¬
terest, and an assurance that the paper of the bank of Ken¬
tucky and its branches, now in your hands, and hereafter to
be received would be retained until instructions from the
mother bank should reach you, would answer their purpose.

Should you deem the intervention of your hoard omthe sub¬
ject-of this-application necessary, be so good as to lay this
letter before them.

Very respectfulfy,

E. Salomon, Esq. Cashier.

Lexington, November 18, 1818.

To which an answer was returned in substance as follows*
as reported by the said committee to the board of directors
of the bank oPKeiitucliy, viz.

The cashier of the branch bank of the United States at:
Lexington stated, that he was willing to receive the balances
in good bilis at sixty and ninety days drawn by individuals-
ami endorsed by the bank, but that he was prohibited by his
instructions from granting time y that he would undertake-
to retain the- paper of the hank and its branches which he
then held or might hereafter receive until Iso received instruc¬
tions from the bank of the U. Stales, provided such instruc¬
tions reached him wiihin a reasonable time.

Upon the report of the committee the board of directors
came to the following resolution :

Resolved. That in the opinion of this board, the interest of
the state, the interest pf its citizens, and the interest of the
stock-holders require,That the hank of Kentucky and its offi¬
ces of discount and depositeshould suspend the payment af
specie until the. subject can lie presented to the consideration
of the legislature, or until 1 lie further order of this hoard.

Upon notification of this resolution, propositions were,
macie to this hoard by the cashier-of the office of discount
and deposite of the bank of the U. States at Lexington,
through our branch at Lexington, offering, to give time for
payment of the balances from this bank and its brandies by
instalments often per cent, wbe-n due, and ten per cent, every
sixty days thereafter with interest, &c.. which propositions
were accepted by the board of directors of the bank of Ken¬
tucky, and specie payments were immediately resumed.

JOURNAL OF

The bank of Kentucky with a view to the payment of bal¬
ances due the bank of the U. Slates had purchased bills and
acceptances payable at llieir office of discount and deposite at
Lexington, to the amount of about .fifty-five thousand dollars;
but the cashier refused to collect for this bank, until after the
balances were paid.

The sums stated above arc in round numbers, and are sub¬
stantially correct.

J3y order of the board.

ROBt. ALEXANDER, Pres’L
Which rcport.was laid on the table.

The following bills were severally read (be second time, to
wit : A bill to release ! be state’s claim to salt water in certain
cases ; and a bill for I be benefit of Daniel Trabue.

The former was ordered to be engrossed and read a third
time; the latter was.committed to Messrs. Owens, Jones,
Bledsoe and Southgate ; and after a short time, Mr. Owens,
from the committee, reported an amendment, in lieu of the
bill, which being' read was. concurred in, and the bill as
amended ordered to be engrossed and read a third time.

An engro sod bill for the n lief of 1 lie administrators and
heirs of Jolm Stapp, deceased, was read a third time, and
committed to Messrs. Bridges. Owens and Southgate ; and
after a short time, Mr. Bridges, from said committee, re¬
ported the said bill with amendments', which being read were
concurred in. and the. bill as amended ordered to be engrossed
and read again.

And then the senate adjourned.

TUESDAY, Deckmbeu 15, 131S.

•fThe senate assembled.

A3. .uividge, li’om the committee of propositions and
gr ’ r ' "• 1 'udelhe following report, to wit :

r° ■-litre ..f propositions and grievances, have, ac-
c ' n . ; r. ! ! > under consideration the petition ofsun-

d <; i ' ir v. niiinty, praying that the Bowling-

C e . ;i • may be incorporated, and that said

c rted to build a bridge arross Big Bar-

1 ' e, n North street in the town of Bowling-

‘ r es it: ’he haj'k of said river, and that the abut-
i '■ e may be condemned for that purpose ;

••if i.blowing resolution thereupon, to wit:

*■■■■■■• <-■'? l ha t the said petition is reasonable.

THE SENATE

Which being-twice read was concurred in.

Ordered, Thai; said committee prepare and bring in a bill
pursuant to said resolution.

Mr. Davidge, from said committee, reported a bill, which
was read the first time and ordered to lie read a second time.
The rule being dispensed with, the bill was read a second
time and committed to Messrs. Yancey, Johnson, Slaughter,
Yfickliff and Owens.

A letter from (lie treasurer was laid before the senate by
the speaker, containing his ollii rid annual account: which
was ordered to he laid on the table as follows, to wit:

Truasury Oi'Ficr, Dec. 14, ISIS.

Sir —You will please to lay before the honorable house
■over which yon-preside, this statement, which gives a con¬
cise view of the situation of the treasury department, since it
has been under my control. To give a complete statement of
tire whole year, would have been agreeable to myself, and
satisfactory to the legislature ; but to my surprize, I have
found no document filed in this office, which exhibits the real
situation of the treasury—no balance having been struck in
any one year, by my predecessors in office. From this cir¬
cumstance, l have to confine (his report to that portion of the
year between the 50th of January last and the 10th of Octo¬
ber ISIS, both (lays inclusive.

! have the honor to be.

Very respectfully.

Your obedient bumble servant,

SAMUEL SOUTH, Tr.

The honorable William B. Blackburn.

A general view of the receipts and payments at the treasury,
from January 5(>lh to Jv'ovcmber 10th, indusirc, together
•with the amount in the treasury on the former date.

RECEIPTS.

To cash in the treasury on the 80th day of Janu¬
ary 18110 , * S 58,453 16

Received of sheriffs since 50th January,

Do. Clerks of courts.

Do. Green-river settlers,

Do. Vacant land, &c.

Do. Tellico land.

Do. Sergeant court of appeals.

Do. Dividend bank stock, 1st Jan. last,
Do. do. do. 1st July.

Do. Secretary of state,

4,445 S8
a,000 58
7,629 05
12,958. 85
11 60
894 82
23,4 57 54
21,669 93
-20 9#

JOURNAL OF

13,755 56
4,939 29
1,054 23
64 41
27,393 76

g 178,677 56

This statement exhibits the amount paid for warrants drarvn
on the treasury, from the SO th of January last to the 10 th of
November 1818, inclusive.

For salaries of the officers of the executive de-

partment.

S 0,410

61?

Bank stork subscribed,

21,525

Penitentiary,

10,046

Legislature,

20,494

Criminal prosecutions,

6,190

46-

Negroes executed,

970

Pensioners,

Judiciary,

16,783

Contingent expencesr,

1,230

Internal improvement,

38,133

Clerks of courts ex officio services ,

1,274

Commissioners of state-house.

3,200

Executive officers,

2,402

Sergeant court of appeals,

215

Government house.

1,294

Public printing.

2,473

Public communications,

705

Military expenditure,

289

Monies refunded.

208

Redemption non-residents’ land.

1,107

Sheriffs comparing polls,

76-

Circuit court jailers,

1,185

Lunatics,

5,827

S 142,036

Aggregate amount of receipts, the sum of

178,677

Do. payments, same time,

142,036

Do. cash in the treasury on the 10th Nov.

ISIS, 5§ 36,640

Dcduct from the receipts the amount in the treas¬
ury on the 30th of January 1818, and it will

Do. Penitentiary,

Do. Non-residents,

Do. Register of the land-office,
Do. Miscellaneous,

Do. Late treasurer.

THE SENATE,

"leave tlio actual amount paid into the treasury
during the above mentioned period, the sum of
From this amount deduct the sum paid by the
late treasurer.

And the residue will be the actual amount of or¬
dinary revenue which lias been received at the
treasury, between the 30th of January last and
the 10th November 1818, the sum of J

The aggregate amount of money paid into the
treasury on account of bank dividend, between
the SOIh January last and the 10th of Novem¬
ber 1818,

Of this sum there was appropriated for internal
improvements, by an act approved December
session 1817, the sum of

Leaving a surplus of revenue derived from bank
stock, subject to-the ordinary expenditures of
government, the sum of 1 8 5,157 47

The whole amount appropriated for internal im¬
provements, lias been drawn from the treasury,
except a portion of the sum assigned to the
Kentucky river, g 1,867 00

Of the several important duties assigned to this depart¬
ment, in addition to its fiscal concerns, the following seems
more particularly to deserve attention : Dy the 13th section
of the act approved January 26th, 1818, to incorporate sun¬
dry independent banks, it is made the duty of (be treasurer
to receive annually from the president and directors of each
of the banks incorporated by that act, which should go into
operation, one half per cent, on the stock subscribed and
paid for. Due attention has been paid to this subject; and
i am happy to stale, that so far as 1 have bad it in my power
to correspond with the directors of the several banks on the
subject, the anticipation and wishes of the legislature will be
universally and promptly complied with. Some difference of
opinion has arisen noth regard to the time when this tax be¬
comes due.

I have found some difficulty in paying off warrants drawn
an the treasury, on account of the various kinds of paper in
circulation as money ; for every holder of a warrant is natu¬
rally desirous to be paid in (lie medium of the highest current
value, Lndev those circumstances, it is to be expected that

20,224 40
27,393 76

92,830 44

45,157 47
40,000 00

JOURNAL OF

individuals will he disappointed, and express some dissatis¬
faction ; but it has been the constant: and vigilant endeavor
of this department, to perform this arduous only with a steal c-
eye, not only to the public good, but to the interest oi each
individual citizen.

SAMUEL SOUTH, Tu.

Treasury Department, December 14/A, 18 IB.

A message from the house of representatives, by .Hr.
Johnston :

Mr, Speaker —The house of representatives have passed a
bill entitled “ an act to extend the lines of Ohio county j*’
in which they request the concurrence of the senate.

And then he withdrew.

The said bill was then taken up, read the first time and or¬
dered to lie read a second time.

Mr. Churchill presented the petition of sundry citizens of
Middletown, in Jefferson county, praying that the trustees of
said town and the Hope seminary, may be authorised to
raise, by way of lottery, the sum of 8000. dollars, one half
to he appropriated in paving the streets of said town, and the
other half to the use of the trustees of said seminary ; which
was read and referred to Messrs. L nurchill, Lord, Da\ u:ge
and Bledsoe, who have leave to report by bill or otherwise.

A message from the house of representatives, by Mr.
M’Millan :

Mr. Speaker —The house of representatives concur ui
resolutions from the senate, appointing a committee to exam¬
ine the accounts of the commissioners appointed under the
act for the improvement of internal navigation ; a resolution
authorising the auditor to employ additional counsel to prose¬
cute suits against the officers of the United States’ banks ;
and a resolution fixing on a day on which to elect a scualoi
in congress for the next senatorial term;

And then lie withdrew.

A message from the house of representatives, by Mr.
J. Taylor:'

Mr. Speaker —The house of representatives have passed a
bill entitled an act to provide for the furnishing the circuit
courts with a copy of the statute laws j” in which they re¬
quest the concurrence of the senate.

And then he withdrew.

The said hill was taken up, read the first time and order¬
ed to be read a second time.

engrossed hi ij f . < < 0 , v jf. \ i,ii[ for t!>c relief of Dip admin¬
istrators and heirs ol John Slapp, deceased : a I;ill to release
the state’s claim to salt water in certain rases : a hill for the
benefit of Daniel Trr.bnc ; and a bill for the benefit of
Charles Yf i 1 ! 1 > 1 , ;-en. : were severally read a third lime.

Resolved. That (lie said hills do ji.ms. and thri the titles he,
respectively, “a:i act for the relief of the •.idmiobtrators and
heirs o' John Stapp. deceased;” »• an a •! to release the state’s
claim to salt water in certain 1 ases *• an ac t for the bene¬
fit of Daniel Trahuc and <• an act for the benefit of
Charles YVdilot, sen. and Patrick D'.hri ’

Ordered, 'i hat Mr. Owens do carry sa: ! hills to the house
of representatives, and request their concurrence.

A bill to regulate the fees of inspectors in this common¬
wealth, was taken up and committed to Messrs. Yi icklifi,
Chnreiiill, Taylor, Johnson, Crutcher and Faulkner.

The following bids were reported lr on the several com-;
mittecs appointed to prepare and bring in too same, to wii :

By Mi’. Jones—A i)ili limiting the time for which deputy
sheriffs may continue in ollice.

By Mr. Vnckiifi—A bill to amend the act establishing in¬
dependent banks in tills commonwealth.

Which were severally read the first lime, ami ordered to
he read a second lime.

The rule being dispensed with, the latter hill was read a
second time, and committed to acmnmitiee of the whole house
on the state of the commonwealth for Thursday next.

Ordered, Tliaf the public printers forthwith print cdo co¬
pies of said bill, for the use of the members of the legisla¬
ture.

Dills from the house, of representatives, to wit; An act
fertile benefit of Charles C. Carson ; an art esiablisningthc
town of Maw illc. in V. ashingtosi county ; ami an art to open
a road from Mouutste; ling to the Virginia liiie, by w ay of
JLVestonsburg, and for other purpe -:es ; were severally read a
second time—the first amended at the clerk’s table, and the
said bills wore ordered to be read a third time.

The following hills were severally read the second time, to
wit: A bili to provide for the revision of the statutes of this
commonwealth: a hill further to indulge, the settlers on the
lauds acquired by the treaty of Tellico to pay the state price
on -their claims.

The. former was committed to a ccmmiliee ol the whole
house on the state of the commonwealth, and the latter order¬
ed to he engrossed and read a third time.

I'I'I U 1 1

JOURNAL OF

1 1||

If 4:

t - «i 3 UWI)' i

III;

■ i I i

1 1 ^

l ?

|f. Mhd

A message from the house of representatives, by Mr.
Breathitt:

Mr. Speaker —The house of representatives have passed a
hill entitled “ an act to extend the term of (lie Christian cir-
cuitcourt, and to alter the time of holding the Logan circuit
court, and for other purposes in which they request the
concurrence of the senate.

And then lie withdrew.

The said bill was taken up, read the first time and ordered
to be read a second time.

The resolutions on the United States’ banks, were taken
sip and committed to a committee of the whole house on the
state of the commonwealth.

Ordered. That the committee for courts of justice be dis¬
charged from the further consideration of a' bill from the
house of representatives, entitled “ an act for the benefit of
part of the children of William Sthrcshly, deceased •” which
was taken up and read a third time.

Resolved, That said bill do pass, and that Mr. Johnson in¬
form the house of representatives thereof.

Mr. Faulkner, from the joint committee of enrolments, re¬
ported that they had examined sundry enrolled resolutions,
of tjjp billowing titles, to wit: A resolution for the encour¬
agement of domestic manufactures; a resolution appointing
a committee to examine the accounts of the commissioners
appointed under (lie act for the improvement of internal nav¬
igation ; a resolution authorising the auditor to employ ad¬
ditional counsel to prosecute suits against the officers of the
United States’ banks; a resolution fixing on a day on which
■to elect a senator in congress for the next senatorial term ;
a resolution for the examination of the Bank of Kentucky
and its branches ; and had found the same truly enrolled.

A message from the house of representatives,- by Mr.
Barr:

Jltr. Speaker —1 lie speaker of the bouse, of representatives
having signed sundry enrolled resolutions, 1 am instructed
to lay the same before the senate, for the signature of their
speaker.

And then lie withdrew.

Whereupon tiic speaker affixed his signature to said reso-
jutmus. being the same just reported by Mr. Faulkner, and
llicjj were delivered to the joint committee, to be presented to
tbc lieutenant-governor lor his signature.

On fin-, motion el Mr. Southgate, leave was given to bring
maui,; to provide for the appointment and compensation of

THE SENATE.

commonwealth’s attornies. Anil Messrs. Southgate, Barry,
Bledsoe, and Johnson were appointed a committee to’prepare
and bring in the same. 1

A bill tor taking the sensef’ 111 ' the good people of this com¬
monwealth on the propriety oMr’alliiig a convention, was read
a second time, as follows, to wit:

A BILL

For taking the sense of the good people of this Commonwealth ok
the propriety of calling a convention.

He it enacted by the General Assembly of the Commonwealth'
of Kentucky, That it shall be the duty of the sheriffs and oilier
olliccis superintending elections throughout this common¬
wealth, at each and every place of holding elections for ren-
1 esentntivcs, at the next general election for representatives,
to open a poll to take the votes of all those persons entitled to
vote for representatives, to vote for or against calling a con¬
vention, as every such voter may choose'; and it shaft more¬
over be the duty of all such sheriffs and returning officers, to
return to the secretary of state for the time being, within so
days alter such election, such polls, with the names of all
those voting for the calling of a convention; which returns
the secretary shall lay before the general assembly at their
next succeeding annual session.

And the question being taken on engrossing and reading

said bill a third time, it v as resolved in the negative_*YeaS'

to, nays 16.

The yeas and nays being required thereon by Messrs
Bledsoe and Harrison, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Bridges
Chambers, Crutcher, Davidson, Given, Griffin, Harrison
Johnson, Jones, Owens, Slaughter, Wickliff, Wilson, Mood
and Worthington.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Barry, Bartlett, Bledsoe, Churchill, Davidgej. Eve*
Faulkner, Ford. Mason, Perrin, South, Southgate,.Taylor,
Thompson and Yancey. • ’

And so the said bill was rejected.

JOURNAL OF

WEDNE SDAY, D ecembe

Thesenate assembled.

Ordered, That Messrs. Wirt^MR Ble
and Wood be appointed a coiAbliter m
to examine tbe accounts of tbe comm
dcr the act for the improvement of ini

A message from the house ol rej
Jones:

Mr. Speaker —The house of represe
bill from the senate, entitled “ an act I
debt due the commonwealth for the sa
And then lie withdrew.

Mr. Yancey, from (he committee 1(
bill to incorporate the Bowling -Green
ported the same with an amendment,
lows, to wit :

§ 1G. lie it further enacted. That, i In
case the corporation is not snfiicienl
owning stock in the said corporation,
the proprietor of any boat or other rr
of all produce and oilier merchandize
put on board anv In at or craft tor the
said river, all damage which the pi
craft, produce, merchandize or propr
sequence of the erection of sai l pillar
id, such damage be not occasioned b
proprietor, or the bantis emp] yed in
boat or other craft descending the sai

§ I". I’e it further enacted. That fl:
jircsident and directors thereof; site
Monday in .lime, enter into bond \
proved of hy die V, arren eireuit. co
term, in a penalty not less than S ”d
be "'iven to the commonwealth of Ret
cd with the clerk of said ; ourt: cond
pay all damages and costs which flies
dividual:; holding stork 1 herein, mav
provisions of tins act. Yv hicii said b
tlic first recovery, but may be put in
by any and all persons, to recover a!
tbe erection of said bridge.

And tbe question being taken or
was resolved in the affirmative— £ cat

WE SENATE. G3

The yeas and nays being required thereon by Messrs.
Yancey and Mason, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Bartlett,
Bledsoe, Churchill, Eve, Griffin, Jones, Mason. Owens, Per¬
rin, Southgate, Taylor, Thompson, Wickliff, Wood, Worth¬
ington and Yancey.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Barry, Bridges, Chambers, Crutcher, Davidge,
Davidson, Faulkner. Ford, Given, Harrison, Johnson,
Slaughter. South and Wilson.

The bill as amended was ordered to be engrossed and read
a third time.

The senate received a message in writing from the lieu¬
tenant-governor, by Mr. Waggoner, containing certain nom¬
inations, to wit : .

Gentlemen of the Senate .

I nominate for your advice and consent, James J. Dozier,
notary public in and for the county of Bullitt.

William J. Sailer, notary public in and for the county; of
Pulaski.

John Hackley, notary public in and for the county of Nel¬
son.

Nathaniel Porter, notary public in aud for the county of
Butler.

The county court, of Boone county having omitted to re¬
commend two proper persons to fill (lie office of sheriff of said
county, in the months of September. October or November
last, according to the 31st. section of the Sd article of the con¬
stitution, 1 nominate for that office Jeremiah Kirtlcy, of said
county.

For the information of the senate, it may be proper to
state, that Mr. Hartley is the eldest justice of the peace in
said county, anil the first named in a recommendation for
that office, made by the said Court i:i the present month, and
herewith transmitted.

I nominate Urbin Ewing, of Logan county, for the office
of sheriff of said county ; being of opinion that the county
court of said county, according to the Slst section of the 3rd
article of the constitution, ought to have recommended the
said Urbin as one of the persons to til! said office. From the
record and proceedings id' the county court of said county,
herewith transmitted for the information of the senate, it ap¬
pears to me that a just regard was not had to seniority in of¬
fice, and a regular rotation in the recommendation for said
office made by said court. Urbin Ewing is an cider justice

JOURNAL OF

than either of the persons recommended, anil it is not alleged,
that he was not a lit anti proper person to Oil the said office ;
but the contrary is clearly to he inferred from the statement
contained in the bill of exceptions. It was certainly the in¬
tention of the constitution, to give this office to the justices iu
rotation, as an inducement to good men to serve, and as a
compensation .for services for which they would not other¬
wise he remunerated, unless the persons entitled to be recom¬
mended, accordingto seniority and rotation, were improper
persons for the office. Influenced by these considerations,
and a sense of duty to the constitution and the individual
whose constitutional claim to be recommended has been, in my
view, improperly disregarded by the county court, 1 have
made the above nomination. ' All w hich is respectfully sub¬
mitted.

I nominate John S. V'lrumt. notary public in and for the
county of Bourbon and town of AVdlcrshurg.

GfABm SL AUGHTER.

Bee, T 6 th, 1818.

Stale tif Kentucky, Lagan County, set.

Be it remembered, that heretofore, to w it, at a county court'
b - n and held for tire county of L->gan aforesaid, at the
court-house in the town of Russellville, on the lGIh day of
November IBS: Justices present—Reuben Browning,.Rich¬
ard Boyce. Charles Morehcad, B illin.ni Curd, Joseph Big¬
ger, David Sawyer. t-mitli Lofland, Joseph -loss, Boanerges
Roberts, Edward Neely , William Airigel, Jacob Rowland,
George M’Lcan, Jolip Barneft, Cardwell Breathitt, James
Glenn and Robert Ew ing, gentlemen justices j when the fol¬
lowing order was made, to wit:

'** Whereas the time for w hich Young Ew ing, Esq. was
appointed slier ff of this county, will expire in February
next; the conn, a majority of all the justices in this county
being present and roncurring herein, do nominate to his ex¬
cel ten y the governor of this state, Reuben Brownimg and
Ricliar. Boyce. Esqs. as proper persons to fill said office—
a just regard being paid to seniority in office and regular ro¬
tation.”

To which nomination XJrbin Ew ing, Esq. excepts ; which
bill ef exception reads in the words, &c. following, to wit:

“ Be it remembered, that upon the question with respect to
the nomination of magistrates for the next sheriff of the coun¬
ty of Logan, Uibin Ew ing insisted upon his right constitu¬
tionally of brii g nominated as one of the magistrates (he,
the said'Ui bin Ewing, being the eldest magistrate), for said

THE SENATE.

office but the Court refused to make said nomination of Ur-
foirt Ewing, and nominated Reuben Browning and Richard
Boyce, Ksqs. The court refused to nominate said Ewing,
<m the grounds, that he was in a former nomination, in which
3ie was second in nomination, Robert Ewing being first, who
was commissioned and refused to accept ; after he had re¬
ceived the commission, returned it to the governor with his
resignation ; alter which the governor offered to nominate
TJrbin Ewing to the Senate, who refused to be nominated at
that time, and another was commissioned. Upon which said
vote of nomination, there not being a constitutional majority
without the votes of said Browning and Ewing w hereupon
said Browning voted lor himself, said Ewing refusing to vote,
it made a majority for Browning of all the magistrates in
the county—the vote stood, for Browning eleven, and Evying
seven, there being twenty-one justices in the ‘county. To
which opinion of the court, and the proceedings thereon, said
Urbin Ewing excepts ; and prays this bill be signed and en¬
tered of record, &c.

ROBERT EWING, P. J. L. C. C.”
Which was ordered to be signed by the. presiding justice,
which was done accordingly, &c.

Logan County, set.

I, Spencer Curd, clerk of the county court of Logan afore¬
said, do hereby certify, that the foregoing pages contain a
complete transcript of the record and proceedings had be¬
fore the county court, in the case therein specified.

hi testimony whereof, 1 have hereunto set my hand, this
18th day of November 1818.

SPENCER CURD.

Logan County, set.

I. Spencer Curd, clerk of the county court of Logan afore¬
said, do hereby certify, that the following are all the justice's
of the peace now in commission in said county, to wit: Urbin
Ewing, Reuben Browning, Richard Boyce, James Glenn,
Smith Lofiand, William Curd, John Barnett, Charles
Morehead, Joseph Bigger, Edward Neejy, Jacob Rowland,
Cardwell Breathitt, Boanerges Roberts, David Sawyer,
illiam Airigel, George M’Lean. Joseph Sloss, Thomas S.
Slaughter, \\ illiam \\ hitsett and Robert Ewing; three of
whom were absent when the nomination for sheriff was made
on the 16t.li inst. to wit, Urbin Ewing, Thomas S. Slaughter
and W illiam Whitsett; the residue of which was on the bench
and voted. Those who voted for Urbin Ewing to he nom¬
inated instead ol' Browning, were, James Glean, William

G'8 , JOURNAL OF

Card, John Barnett, Jacob Rowland, Cardwell Breathitt,
Robert Ewing and George M’Lean—making seven tor Ew¬
ing ; the, residue voted for Browning, including himself,
making ten votes for Browning; and there are twenty jus¬
tices of the peace in the county.

In testimony whereof, I have hereunto set my hand, this
18th November 1818.

SPENCER CURB.

Which were taken up and severally read.

Resolved, That.the senate advise, and consent to the said
nominations, except to that of l I'bing Ewing as sherifi of
.Logan county, which was committed to the committee lor
courts of justice.

Ordered, That Messrs. Southgate, Thompson,and Perrin
acquaint thedieutenant-governor therewith.

The senate received information by Mr. Vs aggener, that
the lieutenant governor did on this day approve and sign
sundry enrolled resolutions which originated in the senate,
of the following titles', to wit : A resolution fixing on a day
on which to elect a senator in congress for the next senato¬
rial term ; a resolution for the encouragement of domestic
manufactures; a resolution authorising the auditor to em¬
ploy additional counsel to prosecute soils against the officers
of the United States’ hanks; a resolution lor the examina¬
tion of the Banl* of Kentucky and its branches ; a resolution
appointing a committee to examine the accounts ot the com¬
missioners appointed under the act lor the improvement ot
internal navigation.

Ordered, That the clerk inform the house of representa¬
tives thereof.

A message from tire house of representatives, by Mr - .
Barr :

Jlr. Speaker —The speaker of the house of representatives
having signed an enrolled resolution, appointing a committee
to examine the accounts of the commissioners appointed mi¬
rier the act for the improvement of internal navigation, 1 am
instructed to lay the same before the senate, for the signa
tore of their speaker.

And then he withdrew.

Whereupon the speaker signed said resolution, and it was
delivered to the joint committee, to be presented to the lieu¬
tenant-governor for his signature ami approbation.

Leave was given to bring in the following hills, to Wit :

On the motion of Mr. Barry—1. A bill for altering the
terms of the Fayette-circuit court.

THE SENATE.

On the motion of Mr. Owens—.2. A bill authorising the
county court of Pulaski to make additions to the town of
Somerset.

On the motion of Mr. South—3. A hill to exempt certain
property from execution.

And on the motion of Mr. Johnson—4. A hill to authorise
certain advertisements to be published in the Southern Ga¬
zette of Kentucky.

Ordered, Tliat Messrs. Barry, Thompson, Bledsoe and
Taylor he appointed.a committee t.o prepare and bring in the
first; Messrs. Owens, Gridin, Mood and Yancey, the sec¬
ond; Messrs. South, Taylor, Harrison, Bledsoe and Bridges,
the third; and Messrs. Johnson, Owens ami Yancey, the
fourth.

* i

Mr. Barry, from the first committee, and Mr. Owens,
from the second, severally reported bills, which were read
the first time and ordered to he read a second time.

An engrossed hill to increase the pay of the members of
the legislature, was read the third time, as follows, to wit :

lie it enacted-by the General Assembly of the Cnmmonv'calth
of Kentucky, That the members of the genera! assembly of
this commonwealth shall hereafter each receive three dollars
per day lor their attendance on the legislature, and two dol¬
lars ami fifty cents for every twenty miles they shall necessa¬
rily travel in going to am! returning from the place of its
session to their respective places of residence, in lieu of the
compensation now allowed them by law. This act shall com¬
mence an(l be in force from and after the tenth day of Au¬
gust next.

And the question being taken on the passage thereof, it
was resolved in the negative—Yeas 8, nays 23.

The yeas and nays being required thereon by Messrs.
Yancey and Given, were as follows, to wit :

Those who voted in the affirmative, are, Messrs. Chambers,
Davidge, Eve, Faulkner, Given, Perrin, Wilson and Worth¬
ington.

Those who voted in the negative, are, Mr. Speaker, and
'Messrs. Barry, Bartlett, Bledsoe, Bridges, Churchill,
Crutcher, Davidson, Ford, Griffin,Harrison. Johnson. Jones,
Mason, Owens, Slaughter. South, Southgate, Taj lor, Thomp¬
son, Wieklilf, Wood and Yancey.

And so the said bill was rejected.

A hill from the house of representatives, entitled “ an act
to open a road from Mountsterling to the Virginia line, by

JOURNAL OF

way of Prestonsburg, and for other purposes, was read a
third time.

Mr. Crutcher moved to lay the bill on the table until the
fourth (lay of July next; and the question being taken there¬
on, it was resolved in the negative—Yeas 9, nays 21.

The yeas and nays being required thereon by Messrs.
Harrison and Given, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Bartlett,
Crutcher, Faulkner, Given, Griffin, Harrison, Slaughter,
Southgate and Wilson.

Those who voted in the negative, are, .Mr. Speaker, and
Messrs. Barry, Bledsoe. Bridges, Chambers, Churchill, Da-
vidge, Davidson, Eve, Ford, Jones, Mason, Gwens, Benin,
South, Taylor, Thompson, \Yickiifl', Wood, Worthington
and Yancey.

The hill was then laid on the table indefinitely.

Bills from the house of representatives of the following ti¬
tles, to wit: An act for the benefit of Charles C. Carson ;
an act establishing the town of Maxville, in Washington
county ; an act to provide for furnishing the circuit courts
with a copy of the statute laws ; an act to extend the line of
Ohio county ; and an act to extend the term of the Christian
circuit court, and to alter the time of holding the Logan cir¬
cuit court, and for other purposes ; were severally read, the
two former a third time, and the three latter a second time.

Resolvfd, That the two former hills do pass, and that the
clerk inform the house of representatives thereof.

The third was committed 1 i Messrs. Bledsoe.Bridges, Bar¬

ry, Southgate, Owens and Davidge ; the fifth was committed
to Messrs. Davidge, Bartlett, Ford, Wilson*, Barry and
Wood ; and the fourth was ordered to be read a third time.

An engrossed bill further to indulge the settlers on the
lands acquired by the treaty of':’- ilico to pay the state price
on their claims, was read a third time.

Resolved, That the said bill do pass, and that the title be
« an act further to indulge the settlers, on the lands acquired
by the treaty of Tellico to pay the state price on their claims;”
and that the clerk do carry said hill to the house of represent¬
atives and request their concuuvericc.

A bill appointing commissioners to view a way for a state
road from Danville to the TeiiiVcssee line, on a direction to
intersect the national road from IS e\v-0cleans to the Muscle
Shoals, was taken up and committed to Messrs. Faulkner,
<U wens, Harrison, Wood, Given, Eve, Griffin and Davidson.

THE SENATE.

A Will limiting the time foe which deputy sheriffs niay con¬
tinue in ollice, was taken up. and Mr. Churchill moved <o
strike out the enacting clause ; and the question being taken
thereon, it was resolved in t}ic negative—Yeas 10 . nays 20.

The yeas and nays being required thereon by Messrs.
Churchill and Barry, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Church¬
ill, Crutcher, Davidson, Davidge, Eve, Given, Griffin, Wick-
iiffi Wood and Wilson.

Those who voted in the negative, are. Mr. Speaker, and
Messrs. Bartlett, Bledsoe, Barry, Bridges, Chambers,
Faulkner, Ford, Harrison, Jones, Mason, Owens, Perrin,
South, Southgate, Slaughter, Taylor, Thompson, Worth¬
ington and Yancey.

Ordered. That the bill be engrossed and read a third time.

A bill to change the time of meeting of the, general assem¬
bly, was read a second time and ordered to be engrossed and
read a third time.

And then the senate adjourned.

THURSDAY, December 17, ISIS.

The senate assembled.

Mr. WicklilF, from the select committee to whom was re¬
ferred a bill to regulate the fees of inspectors in this common¬
wealth, reported the same with amendments which, togeth-'
er with the bill, were ordered to be laid on the table.

A message .from the house of representatives, bv Mr.
Haynes:

,1/r. Speaker —The. house of representatives have passed
hills of the following titles, to wit: An act supplemental to an
act passed on the 15th of December 181 7, for flic benefit of
the widow and heirs of Thomas Clark ; and an act for (lie
benefit of Thomas Bonne !; in which they request the concur¬
rence of the senate.

•Atui then he withdrew.

.i lie said bills were taken up and severally read the first
time, and ordered to be read a second time.

A hill authorising the county court of Pulaski to make ad¬
ditions to flic tow n, of Somerset, was read a second time and
ordered to fie engrossed and read a third tirnp.

Engrossed hills, to wit: A bill fo change, the time of meet¬
ing ol ihe. general assembly; a bill • nifing the time for
which deputy sheriffs may continue in office j und a bill to-

JOURNAL OF

incorporate the Bowling-Green Bridge Company ; were sev¬
erally read a third (imc.

The, first was committed to a committee of the whole house
on the state of the commonwealth ; the second committed to
Messrs. Bledsoe. Barry, Jones, .Owens and Cruteller, t he
question being taken on the passage ot the third bill, it "as
resolved in the affirmative--leas 27, nays 3. •

The yeas and nays being required thereon by lVLcssis,
Yancey*and Davidge. were as follows, to wit:

Those who voted in the affirmative, are, mu Speaker, and
Messrs. Barry, Bartlett, Bledsoe. Bridges, Chambers,
■Churchill, Crutcher, Davidge, Davidson, Eve, I'auiknor,
Ford. Given. Griffin. Harrison. Johnson,. Jones, Mason.
Pen-in, Slaughter. South, Southgate, Taylor,- lhompson,
Wilson and Worthington. , „

Those who voted in the negative, are, Messrs. SVlcivlili,

Wood and Yancey. . .

Tcsotrcd. That the said hitl do pass, and tbatthe title be
it a n act to incorporate the Bowling-Green Bridge Compa¬
ny and that Mr. Johnson do carry said bill to the house
of representatives, and request their concurrence.

T\ir, Bledsoe, from the committee to whom was relerrcq an
engrossed bill limiting the time for which deputy sheriffs may
continue in office, reported the same with an amendment,
which was read rfnd concurred in, and the bill ordcicu to be
re-engrossed and-read again.

• Mr. Bledsoe nominated Mr, Richard M. Johnson, and Mr.
Owens nomimned Mr. V, illiam Logan. as proper persons to
fill the office of senator to represent tins state in the congress
of the United States, for the ensuing six years, to commence
on the fourth day of March next.

On the mot ion of Mr. Bledsoe.

Ordered , That a message he sent to the house of repre¬
sentatives. to inform them that the senate are now ready, by
a joint vote with the house of representatives, to proceed to
the election of a senator to represent this slate in thecoiigioss
of the United States, for the ensuing six years, to commence
on the fourth day of March next; .and that Messrs. Richard
M. Johnson and William Logan stand on the nomination nc-
foi-e the senate for that office: And that Mr. Bledsoe do cai-

rv said message. . ,

A message from the house ot representatives,, b} Mi.

M ? Kcc : . ' ' ,

Mr. Speaker —J am directed to inform the senate, that t he
house of representatives are now ready, by a joint vote with

THE SENATE,

tiic senate, to proceed to the election of a senator to repre¬
sent this state in the congress of the United States, for the
ensuing six years, to commence on the fourth day of March
next; and that the same gentlemen stand on the nomination
for that office, as those reported from the senate.

And then he withdrew.

The senate then proceeded in the said election, and upon
taking the vote it stood thus :

For Mr. Johnson—Messrs. Barry, Bledsoe, Chambers,
Eve, Johnson, Perrin, South, Southgate, Taylor, Thomp¬
son, Wood and Yancey—1-2.

hoc Mr. Logan—Mr. Speaker, and Messrs. Bartlett,
Bridges, Churchill. Crutcher, Davidge, Davidson, Faulkner,
Ford, Given, Griffin, Harrison, Jones, Mason, Owens,
Slaughter, Wickliff, Wilson and Worthington—19.

Messrs. Bledsoe and Owens were then appointed a com¬
mittee on the part of the senate, to meet a committee from
the house of representatives, to compare the votes and re¬
port in whose favor the majority should appear.

The said committee retired, and after a short time return¬
ed, when Mr. Bledsoe reported that the joint vote stood thus :
For Mr. Johnson, 55

For Mr. Logan, 67

Mr. Logan having received a majority of all the votes,
was thereupon declared duly elected as a senator to represent
this state in the congress of the United States, for the ensu¬
ing six years, from and after the fourth day of March next.

A hill from the house of representatives, entitled “ an act
to open a road from Mountsterling to the Virginia line, by
way of Pr.estonsburg, and for other purposes,” was taken up ;
and the question being taken on the passage thereof, it was
resolved in the affirmative—Yeas 20. nays 11.

The yeas and nays being required thereon by Messrs.
Harrison and Bledsoe, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Barry, Bledsoe, Bridges, Chambers, Churchill, Da¬
vidge, Eve, Ford, Johnson, Jones, Mason, Owens. Pen-in,
South, Taylor, Thompson, Wickliff, Y> ood and Worthing--
ton.

Those who voted in the negative, are, Messrs. Bartlett,
Crutcher, Davidson, Faulkner. Given, Griffin, Harrison,
Slaughter, Southgate, Wilson and Yanccv.

Resolved. That the said hill do pass, and that Mr. Mason
inform the house of representatives thereof.

And then the senate adjourned.

JOURNAL OF

the several acts* concerning the importation and emancipa¬
tion of slaves, approved February 8th, 1818 in which they

THE SENATE. '"75

Either purposes,/’ reported the same with amendments, which,
together with the bill, were ordered to he laid on the table.

Mr. Bledsoe, from the committee to whom was referred a
hill from the house of representatives, entitled « an act to
provide for furnishing the circuit courts with a copy of the
statute laws,” reported the same without amendment.

The bill was ordered to be read a third time.

Whereupon it was read a third time, and re committed to
Messrs. Owens, South, Barry and Taylor ; and after a short
time, Mr. Owens, from said committee, reported the bill with
an amendment, which was read and concurred in.

Resolved, That the said bill as amended do pass, and that
the clerk inform the house of representatives thereof, and re¬
quest their concurrence in the amendment.

Mr. Johnson moved the following resolution, to wit:

Resolved, That when the senate adjourn to-day, they will
adjourn to meet on Monday next.

Which was read and rejected.

A message from the house of representatives, by Mr.
Pope:

Mr. Speaker —The house of representatives have passed a
bill entitled “ an act in addition to an act entitled an act to
Incorporate the Louisville Insurance Company 5 ” in which
they request the concurrence of the senate.

And then he withdrew.

The said bill was then taken up, read the first time, and
the rule being dispensed with, it was read a second and third
time.

Resolved, That the said bill do pass, and that Mr. Church¬
ill inform the house of representatr. es thereof.

The amendments proposed by lie house of representatives
to the resolution appointing committees to examine the public
offices, were taken up, twice read, tlm first and second con¬
curred in, and the third and fourth disagreed to.

Ordered, That sir. Johnson inform the house of represent¬
atives thereof.

Leave was given to bring in the following biMs, to wit:

On the motion of sir. Eve—A bill for the-', metit-of Cath¬
erine Aincy.

On the motion of Mr. South—A hill to aibv 0 , additional
number of justices of the peace in the county

Messrs. Eve, Griffin, Johnson and Owens v, >d

a committee to prepare and bring in the former, .

South, Mason and Taylor, the latter.

nfaKsaSfl!

76 JOURNAL OF

A message from the house of representatives, by Mr.
Hardin :

Mr. Speaker —The house of representatives have passed a
hill entitled “ an act for the benefit of the register of the
land-office;” in which they request the concurrence of the
senate.

And then he withdrew.

The said bill was taken up, read the first time, and the rule
being dispensed with, it was read a second and third time.

Resolved. That the said bill do pass, and that the clerk in¬
form the house of representatives thereof.

The following bills were reported from the several com¬
mittees appointed to prepare and bring in the same, to wit :

By Mr. Southgate — A bill to amend the act entitled “ an
act respecting the conveyance, and also the division of the
real estate of William Kennedy, Benjamin Beall and Jennett
H. Beall, late of the county of Campbell.

And by the same—A bill providing for the appointment
and compensation of commonwealth’s attoruies for the cir¬
cuit courts.

Which were severally read the first time.

The former was ordered to be read a second time ; and the
rule being dispensed with, the latter was read a second time
and committed to a committee of the whole house on the state
of the commonwealth.

Mr. Faulkner, from the committee to whom was referred a
bill appointing commissioners to view a way for a state road
from Oanvilleto the Tennessee line, on a direction to inter¬
sect the national road from New-Orleans to the Muscle
Shoals, reported the same with amendments, which, togeth¬
er with the bill, were ordered to be laid on the table until
Tuesday next.

Engrossed bills, to wit: A bill authorising the county
court of Pulaski to make additions to the town of Somerset;
and a bill limiting the time for which deputy sheriffs may
continue in office ; were severally read again.

Resolved, That the former bill do pass, and that the title
be “ an act authorising the county court of Pulaski to make
additions to the town of Somerset; and that the'clerk do car¬
ry saidjhlt to the house of representatives and request their
concurrence.

The latter hill was committed to Messrs. Owens, Bledsoe,
Barry and Jones.

Bills from the house of representatives of the following ti-
ties, to wit: An act for the benefit of Thomas Bonnel; and

THE SENATE.

an act supplemental to an act passed on the 15th of Decem¬
ber 1817, for the benefit of the widow and heirs of Thomas
Clark ; were severally read a second time.

And the rule being-dispensed with, the said bills were sev¬
erally read a third time.

Resolved, That the said hills do pass, and that the clerk do
inform the house of representatives of the passage of the for¬
mer, and Mr. Given of the latter.

The senate received a message in writing from the lieu¬
tenant-governor, containing Certain nominations, which were
taken up and read as follows, to wit:

Gentlemen of the Senate,

I nominate for your advice and consent, Henry O. Brown,
notary public in and for the county of Harrison, in place of
Joseph Taylor, resigned.

James Hughes, jun. notary public in and for the county of
Washington.

Samuel M’Afce, sheriff of the county of Mercer.

Absalom Adams, sheriff of the county of Harrison.

The two gentlemen last named, have been recommended bv
their respective county courts ; but it having been done at
the December term, and not at the terms prescribed by tho
constitution, I am of opinion that the approbation of the sen¬
ate is necessary to authorise the executive to commission
them.

GABx. SLAUGHTER.

Dec. 18th, 1818.

Resolved, That the senate advise and consent to said nom¬
inations, and that Messrs. Perrin, Bridges and Harrison ac¬
quaint the lieutenant-governor therewith.

The speaker laid before the senate a letter from the honor¬
able William Logan, which was taken up and read as fol¬
lows, to wit:

The honorable the Speaker of the Senate,

SlK,

Chosen by the representatives of the people, to the senate
of the Union, permit me through you to avail myself of the
earliest and most convenient opportunity, to discharge to tiio
house over which you have the honor to preside, that debt of
gratitude and sensibility, with which every feeling of iny
heart is so deeply impressed.

As a child of ’76—born in a fort, and raised and educated
principally amongst the first adventurers of a wilderness, tho
must I can promise, will be a scrupulous regard over the sub-

I 111

llll

111

ill

11 if I'llli ’

■ ii I: ■

II j

[ ill !

ji !

( iiJ;'

f& JOURNAL OF

s tan tial rights and liberties of our country, rather than tasty

improvements in splendor and refinement.

To represent truly, in spirit and in deed, tho will, the intei -
est, and tlwfedings of our country, is the fervent prayer of
mv heart. ‘And if in the course ot events I shall unfaitn-
natelv, to my mortification, be unable to do so with the united
effort of heart and mind, I will be ready, at the earliest op¬
portunity consistent with immediate duty, to surrender up
into the hands of my country the delegated trust, lo aet
otherwise, would be seeming to do, what secretly 1 might
he wishing not to do—would be like arguing against mind—
an( ] combating without nerve, when to sustain the interest ot
the commonwealth, the intrinsic value ot both heart and mind
would be essential to unite. And in such a case, a represent¬
ative in whom both might he sincerely found, ought to be pre-

' Accept, sir, assurances of personsl respect for yourself, and
to- the senate ot count,-,. WILLIAM LOGAN.
And then the senate adjourned.

SATURDAY, December 19, 181S,

The senate assembled.

Mr Worthington presented the petition ot the trustees ot
the Union academy, praying the passage of a law to author-
ise them to dispose of two tracts ot land, lor the purpose oi
erecting a permanent building on a lot in Morganfield.

Mr. Bridges presented the petition of the elders and mem¬
bers of the Harrodsburg presbyterian church, praying the
passage of a law authorising the Mercer county court to give
them authority to erect a house of public worship on some
part of the public square in the town of Harrodsburg.

Which were severally read and referred, the former to a
select committee of Messrs. Worthington, Slaughter, Bridges
and Given, and the latter to Messrs. Bridges, Southgate and
Taylor ; who severally have leave to report by bill or other¬
wise. , „ ,

Mr. Owens, from the committee to whom was reterred an

engrossed bill limiting the time for which deputy sheriffs may
continue in office, reported the-same with amendments, which
were read and concurred in, and with the hill ordered to be
feed on the table until Tuesday next.

HBBBB

THE SENATE.

MV. South, from the committee appointed for that purpose*,
reported a bill allowing an additional justice of the peace in
Bath county ; which was read the first time. The rule be¬
ing dispensed with, it was read a second time, and ordered to
be engrossed and read a third time.

Tire senate then, according to the standing order of the day*
resolved itself into a committee of the whole house on the
state of the commonwealth, Mr. Jones in the chair ; and af¬
ter some time spent therein, Mr. Speaker resumed the chair*
and Mr. Jones reported, that the committee had according to
order had under consideration resolutions on the United
States’ branch banks, and had gone through the same with
amendments, which he handed in at the clerk’s table, where
the same were read as follows, to wit: Amond tire fifth para¬
graph of the preamble, to read “ while the stock of our state

bank and other banks is taxed for the support of government*
the president and directors of the United States’ bank de¬
ny,” Ac.; amend the second resolution to read, “ Resolved,
that our senators in congress be instructed, and our repre¬
sentatives be requested,” Ac. ; and add to the end of the last
resolution, « of the withdrawal of their branches promptly
from this state ;” and concurred in.

And the question being taken on adopting the resolutions a&
amended, it was resolved in the affirmative—Yeas 24, nays 1„

The yeas and nays being required thereon by Messrs.
Yancey and Crutcher, were as follows, to wit:

Those who voted iu the affirmative, are, Mr. Speaker, and
Messrs. Bartlett, Bridges, Chambers, Crutcher, Eve, Faulk¬
ner, lord, Given, Griffin, Harrison, Jones, Mason) (Evens*.
Perrin, South, Slaughter, Southgate, Thompson, Wiekliff*.
Wilson, Mood, Worthington and Yancey.

Mr. Davidson voted in the negative.

Ordered, That Mr. Crutcher acquaint the house of repre¬
sentatives therewith, and request their concurrence.

A bill to amend the act entitled (< an act respecting the
conveyance, and also the division of the real estate of Wil¬
liam Kennedy, Benjamin Beall and Jennette H. Beall, late
of the county of Campbell,” was read a second time; and the
same having been engrossed and the rule dispensed with, it
was read a third time.

Resolved, That the said bill do pass, and that the title be
“ an act to amend the act entitled an act respecting the con¬
veyance, and also the division of the real estate of William
Kennedy, Benjamin Beall and Jennette 11. Beall, late of the
county of Campbelland that the clerk do carry said bill

JOURNAL OF

to the house of representatives, and request their concur¬
rence.

Mr. Jones moved the following resolution :

Resolved, That so much of the lieutenant-governor’s mes¬
sage as relates to re-chartering the Bank of Kentucky, be re¬
ferred to a select committee, with leave to report by bill or
otherwise.

Which was read and adopted, and Messrs. Jones, Owens,
Southgate, Bledsoe, Bridges and Davidgc appointed a com¬
mittee conformably to said resolution.

And then the senate adjourned.

MONDAY, December 21,1818.

♦

The senate assembled.

A message from the house of representatives, by Mr.
M’Kee:

Mr. Speaker —The house of representatives adhere to their
third and fourth amendments proposed to a resolution from
the senate, appointing committees to examine the public of¬
fices.

And then he withdrew.

The said amendments were then taken up and read again.

On motion.

The senate refused to recede from their disagreement, and
Mr. Owens was requested to solicit of the house of repre¬
sentatives the appointment of a committee of conference upon
the subject.

A message from the house of representatives, by Mr.
Sharp:

Mr. Speaker —The house of representatives consent to have
a conference on the disagreement of the senate to the third
and fourth amendments proposed by them to a resolution ap¬
pointing committees to examine the public ollices, and have
appointed a committee on their part.

Whereupon Messrs. Owens, Bridges and Southgate were
appointed A committee ol conference on the part ol the senate,
to meet a committee from the house of representatives.

And the sa'd committee retired, and after a short time Mr,
Owens made the following report, to wit:

The cqitomittce of conference appointed to confer upon the
resolution appointing a joint committee, to examine the audi¬
tor's office, beg leave to recommend the adoption of the fol¬
lowing resolution :

fTIE SENATE. ^

Resolved, Tliat flic house of representatives do rerede from
their amendment proposed to said resolution ; and tliat at any
time one member from the senate, and two from the house of
representatives, shall be sufficient to do business in sail! of¬
fice.

From the senate,

G 1LLTAM OWENS, Chairman,
From the house of representatives,

■nr, - . WILLIAM CALDWELL, Chairman.

Which was read and adopted.

Mr. Given presented the petition of sundry citizens of Hop-
Mas county, in behalf of the heirs of Christopher Hardwick,
deceased, praying that a law may be passed remitting the
suitr price on 4fJ0 acres ol land in said county.

Mr. Wood presented the petition of sundry citizens of
m ayne county, praying that a law may be passed donating
to Agncss Snider, a poor widow of said county, 50 acres of
vacant land on which she resides.

Mr. Crutcher presented the petition of sundry citizens of
Ilardin count}, praying that a law may he passed altering
the mode oi taking, in the lists of taxable nropertv.

Also the petition of sundry citizens of ‘ said county, pray-
“ ^ ie t eru,s their circuit court may be extended.

>V Inch were severally read and referred,' the first to a se¬
lect committee of Messrs. Given, Worthington and Slaugh¬
ter; the second to Messrs. Wood, Griffin, fc've and Davidson ;
•the third to Messrs. Crutcher, Southgate, Harrison, Owens *
ar.d aulkner : w!.o severally have leave to report by bill or
otherwise; ami the fourth to the committee for courts of jus¬
tice. J

A message from the house of representatives, by Mr.
Hunter: J

.f.'. Speaker The speaker of '' ' .-;sc of representatives
has signed two enrolled bill.- W- an act for the benefit
01 P art °- ,!ie children of V ns Sthreshlev, deceased," and
‘‘e i act in addition to.an a entitled an act.to incorporate flie
f/ n M “ le , Insurance . oinpany and i am instructed to lay
the same be;«t the senate, for the signature of their speaker.
Audi. he withdrew.

Mhereupon u;e sneaker -'gped said bills

. , ; , ... ■ v - ■ ... ... i,,, and they were

(1 live.cu ilie.(n, i,i. comm t,i -. to be |.,esented to the lieu-
ten.mt-g' i ei-nor i,;s approbation and signature. And af-

H V< i r ll . Mi ' li 0,n said committee, report¬

ed that the} had perforated that duty.

■ ■ \ - -V

JOURNAL OF

an- Faulkner, from the committee to whom was referral a"
bill from the house of representativcs'entitlcd “ an act for the
benefit of Daniel ami Anthony Owsley, reported an amend¬
ment in lieu of the hill, which was twice read and concurred
in, and the hill as amended was ordered to he read a thin*

time : which being''done, , .

Resolved, That the said bill as amended do pass, and that
the title be amended to read •• an act tor the benefit of Daniel
and Anthony Owsley, Jacob Boyer and Samuel Ross; and
that Mr. Faulkner inform the house ol representatives there¬
of, and request their concurrence in the amendments.

A message from the house of representatives, by mv-

Williams : . , , .

.Mr. Speaker —The house of representatives have adopted.

following resolution, to wit :
the House or Representatives, Deo, 21st, 1818.
Resolved, That when we adjourn on the 22d mst. we wiU

adjourn until Monday the 28th iiist.

Extract, &c.—Attest, R. S. TOT)D, C. H. R.

In which they request the concurrence ol the senate.

And then he withdrew.

The said resolution was taken up, read, and the question
being taken on adopting it, it was resolved in the negative—

Yeas 12, nays 12.. , .,

The yeas and nays being required thereon b) Messrs.

Wilson"and Wood, were as follows,, to wit:

Those who voted in the affirmative, are, Messrs. Bartlett,-
Bridges, Chambers, Churchill, Crutcher, Davidson, Ev,s,
Faulkner, Ford, Mason, Taylor and Width ft.

Those who voted in the negative, are, Mr. Speaker, an.i
Messrs.-Given. Griffin, Harrison, Owens, Slaughter, South,
Southgate, Wilson, Wood. Worthington and Yancey.

The vote being equal, the speaker, agreeably to a rule ot

the senate, declared the resolution disagreed to.

Air. Given then moved to re-consider the vote; and oirtak¬
ing the vote thereon, it was resolved in the affirmative—leas

1,5, nays i 0 . ,,

The yeas and nays being required thereon by Messrs.

Wood and Mason, were as follows, to wit:

Those who voted in the affirmative, ace, Mr. Speaker, and
Messrs. Bridges, < ’ mm hers, Churchill,Crutcher. Davidsmi,
vc, Faulkner. Ford, Given, Mason, I avh.r and tckhir.
Those who voted in the negative, ace, Messrs. Griffin,
Harrison, Owens, Slaughter, South, Southgate, Vulson,
Wni'Hiii.i-hm and Yancey.

• r

THE 'SteNAl^. es

Tiic question was then taken again oh adopting said reso¬
lution, and it was resolved in the affirmative—Yeas 14, nays
, 11 .

The yeas and nays being required thereon by Messrs.
Wood and Crutcher, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Bartlett,
Bridges, Chambers, Churchill, Crutcher, Davidson Eve,
Faulkner, Ford, Given, Mason, Taylor, Thompson and
Wickliff.

Those who voted in the negative, are, Mr. -Speaker, and
Messrs. Griffin, Harrison, Owens, Slaughter; South, South-
gate, Wilson, Wood, Worthington and Yancey.

Ordered, That Mr. Crutcher inform the house of represent¬
atives thereof.

An engrossed bill to alter the time of meeting of the gen¬
eral assembly, was taken up and the blanks therein filled ;
and it was moved to lay it on the table until the first day of
March next, and the question being taken thereon, it was re¬
solved in the negative—Yeas 8, nays IT.

The yeas and nays being required thereon by Messrs.
Churchill and Crutcher, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Bridges,
Churchill, Eve, Ford, Given, Mason, Southgate-aud Thomp¬
son.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Bartlett, Chambers', Crutcher, Davidson, Faulkner,
Griffin, Harrison, Owens, Slaughter, South, Taylor, Wick-
lifT, Wilson, M ood, Worthington and Yancey.

The question was then taken on the passage of the bill,
and it was resolved in the affirmative—Yeas \~, nays 8.

The yeas and nays being required thereon by Messrs.
Crutcher and Churchill, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Bartlett, Chambers, Crutcher, Davidson, Eve,
Faulkner, Griffin. Harrison, Owens, South, Taylor, WicklifT,
Wilson, Wood, Worthington and Yancey.

Those who voted in the negative, are, Messrs. Bridges,
Churchill, Ford, Given, Mason, Slaughter, Southgate and
Thompson.

j Resolved, That the said bill do pass, and that the title be

an act to alter the time of meeting of the general assem¬
bly.”

Ordered, That Mr. Crutcher do carry said hill to the house
-ef representatives and request their concurrence.

JOURNAL OF

A bill to regulate the fees of inspectors in this common*
wealth, with the proposed amendments, was taken up and
committed to Messrs. Owens, WicklilF, Churchill, Faulkner,
Chambers and Taylor.

A message from the house of representatives, by Mr.
Todd:

Mr. Speaker —The speaker of the house of representatives
having signed sundy enrolled bills of the following titles, to
wit: A 11 act to open a road from Mountsterling to the Vir¬
ginia line, by way of Prcstonsburg, and for other purposes;
an act for the benefit of the register of the lahd-ofllee ; an
art for the benefit of Thomas Bound ; an act supplemental
to an act passed on the 15th of December 1817, for the bene¬
fit of the widow and heirs of Thomas Clark ; and an act es¬
tablishing the town of Maxville, in Washington county; I
am instructed to lay the same before the senate, for the signa¬
ture of their speaker.

And then he withdrew.

Whereupon the speaker signed said bills, and they were
delivered to the joint committee, to be presented to the lieu¬
tenant-governor for his approbation and signature. And af¬
ter a short time. Mr. Chambers, from said committee, re¬
ported that they had performed that duty.

The follow ing bills were reported from the several com¬
mittees appointed to prepare and bring in the same, to wit :

By Mr. Wickliff-—1. A bill to iheorporate the Beech Fork
Navigation Company.

By Mr. Worthington—2. A bill for the benefit of the Uni¬
on academy.

By Mr. Crutcher—3. A bill to alter the mode of taking in
lists of taxable property.

And by Mr. Eve— 4. A bill for the benefit of Catherine
Amis.

Which were severally read the first time. The rule being
dispensed with, the first and second were severally read tlio
second time ; the first was committed to a committee of the
whole house on the state of the commonwealth, and the sec¬
ond was ordered to be engrossed and read a third time. Tho
third and fourth were ordered severally to be read a second
time.

An engrossed bill to extend the time for returning plats ami
certificates into the register's office, and for surveying cer¬
tain lands in this commonwealth, with the proposed amend¬
ments, w as taken up and committed to Messrs. Southgate,
Owens, Taylor and Harrison.

THE SENATE.

On (lie motion of Mr. Given. leave was given to brine in a
bill for the benefit of James Elder: and Messrs. Given,
Worthington ai d Slaughter were appointed a committee to
prepare and bring in the same.

Ah engrossed bill allowing an additional justice of (he
peace to Bath county, was read a third time.

Resolved. That the said bill do pass, and that (lie title be
“ an act allowing an additional number r.f justices of th*
peace to the counties of \ • >«liand Nelson.”

Ordered,' i hat .the cleric do carry said bill to the house of
representatives, and request t! t uctirrence.

And then the senate adjourned.

TUESDAY, December 22, 1318.

The senate assembled.

A message from the house of representatives, by Mr.
L. Green :

Mr. Speaker —The house of representatives have passed a
bill entitled “an act to amend an act entitled an act to es¬
tablish and regulate the town of Campbeilsyilfe, in Green
countyin which they request Die concurrence of the sen¬
ate.

And then he withdrew.

The said bill was then taken up. read the first time, and
the rule being dispensed with, it Mas read a second and third
time.

Resolved , That (be said bill do pass, and (hat sir. Owens
inform the house of representatives thereof.

Leave was given to bring in the following bills, to wit:

On the motion of \sr. Eve—A bill to amend the law con¬
cerning the turnpike and wilderness road.

And on the motion of sir. Harrison—A bill to extend the
act concerning ronitrinniyeaUh’s attornies.

Ordered. 1 hat Messrs. Eve, Jones, Gridin, Davidson and
Faulkner be appointed a'committee to j ,; - we and bring in
the former; and Messrs. liariison, Yieldin', Owens and
Ford, the latter.

And after a short time, Min Harrison, from the latter com¬
mittee, reported a bill, which was read !-c first kne and or.
dered to be read a second time.

Tne nomination oi Urbin Ewing as sheriff of Logan coun¬
ty, report of the committee far courts of justice therc-

en, were taken up and read.

Mi\ Owens moved to strike out the resolutions after the
preamble, and insert the following:

Resolved, That the senate do advise and consent to the
nomination of Urbin Ewing as sheriff of Logan county.

The question was then taken on adopting the amendment*
and it was resolved in the negative—\eas 13, nays 16.

The yeas and nays being required thereon by Messrs.
Chambers and Crutcher, were as follows, to wit :

who voted in the affirmative, are, Messrs. Bridges,
1, Crutcher, Davidson, Faulkner, Given, Griffin,
, Owens, Slaughter, AVickliff, Wilson and Worth-

who voted in the negative, are, Mr. Speaker, and
Messrs. Barry, Bledsoe, Chambers, Davidge, Eve, Ford,
Johnson, Jones. Mason, Perrin, South, Southgate, l liomp-
Wood and Yancey.

And so the amendment was rejected.

The question was then taken upon concurring in the reso-
ons as reported by the committee for courts of justice, and
t was resolved in the affirmative—Yeas 16,.nays 13.

The yeas and nays being required thereon by Messrs,
ledsoc and Perrin, were as follows, to wit:

Those who voted in the affirmative, arc, Mr. Speaker, and
Messrs. Barry, Bledsoe, Chambers, Davidge, Eve, Ford,
Johnson, Jones, Mason, Perrin, South, Southgate, lliomp-
son. Wood and Yancey.

Those who voted in the negative, ace, Messrs. Bridges,
Churchill, Crutcher, Davidson, Faulkner, Given, Griffin,
Harrison, Owens, Slaughter, Wicldiff, Wilson and Wortli-
gto'n.

Ordered, That Messrs. Owens and Crutcher acquaint the
lieutenant-governor therewith.

Mr. Churchill, from the committee appointed for that pur¬
pose, reported a bill authorising a lottery for the purpose of
paving the streets of Middletown, apd completing the Hope
academy therein ; which was read the first time and ordered
to be read a second time.

A bill appointing commissioners to view a way for a state
road from Danville, to the Tennessee line, on a direction to
t the national road from New-Orleans to the Muscle
Shoals, with the amendment's proposed thereto, was taken up,
he amendments disagreed to. and the bill committed to
{Messrs. Bledsoe, Owens, Eve, Wood and Griffin.

An engrossed bill for the benefit of Union academy, was

• r

THE senate. sr

Resolved, That the said bill do pass, and that the title he

art act for the benefit of Union academy.”

Ordered, That the clerk do carry said bill to the house of
representatives, and request their concurrence.

A bill for the, benefit of Catherine Amis, was read the, sec¬
ond time, amended at the clerk’s table, and ordered to be en¬
grossed and read a third time.

A message from the house of representatives, by Mr.
Underwood ;

Mr. Speaker —The house of representatives have passed a
bill from the senate, entitled “ an act to prevent the making
of entries, surveys, and the emanation of grants for certain,
lands in this commonwealth.”

And then he withdrew.

Mr. Faulkner, from the joint committee of enrolments, re¬
ported that they had examined two enrolled bills, to wit: An
act further to regulate the debt due the commonwealth for the
sale of vacant land ; and an act to prevent the making of en¬
tries, surveys, and the emanation of grants for certain lands
in this commonwealth; and had found the same truly en¬
rolled.

A message from the house of representatives, by Mr;
Underwood:

Mr. Speaker —The speaker of the house of representatives
having signed sundry enrolled hills, I atfi instructed to lay
the same before the senate, for the signature ol their speaker.

Ami then he withdrew.

Whereupon the speaker signed the said hills, being those
reported by Mr. Faulkner to-day, and they were delivered to-
thejnint committee, tube presented to the lieutenant gov¬
ernor far his approbation.

And then the senate adjourned.

MONDAY, December 28 , IS 18 .

Mr. Speaker, and Messrs. Chambers, Ford, Griffin, Har ¬
rison, South, Southgate, Wilson, Wood, \\ orthington and
Yancey, appeared ai\l repaired to their seats; and there not
being a sufficient number to constitute a quorum, adjourned
until to-morrow morning to o’clock.

3S JOURNAL OF

TUESDAY, December 29, 1818.

The senate assembled.

Mr. Yancey presented the petition of sundry citizens of
Barren county, in behalf of Patty Bohannon, praying that a
donation may be made to her of 200 acres of p ;or vacant land
in said county, on which she resides.

Mr. Perrin presented the petition of sundry citizens of Har¬
rison county, praying the establishment of an inspection at
Echlars mill, on the south fork of Licking.

Which were severally read and refer the former to
Messrs. Yancey. Griffin and Johnson, with Have to report by
bill or otherwise ; and the latter to the committee of proposi¬
tions and grievances.

The door-keeper being from indisposition unable to attend,
thereupon, on Hie. motion of air- Chambers.

Ordered, That Noel K. Johnson he admitted to act in 1 is
stead.

Mr. Yancey, from the joint committee o; enrolments, re¬
ported that they did on the 22d inst. lay before the lieutenant
governor, lor Ins approbation, the cnrodcu bills last signed
by the speakers.

Mr. Perrin, from the committee appointed for that pur¬
pose, reported a bill to amend and reduce into one the several
acts concerning public roads ; winch was read the lust time
and ordered to bo read a second time.

And then the senate adjourned.

WEDNESDAY, December SO, 1818 .

The senate assembled.

The senate received information by Mr. Waggoner, that
the lieutenant governor did on the 22d inst. approve and
sign sundry enrolled hills which originated in the senate, of
the following titles, to wit :• An act farther to regulate the
debt due the commonwealth for the sale ol vacant land ; atnl
an act: to prevent the making of entries and surveys, and the
emanation of grants for certain lands in this commonwealth.

Ordered, Tiiat the clerk inform the house of representatives
thereof.

The speaker laid before the senate a letter from the adju¬
tant-general, which was taken up and read as follows, to
wit:

Frankfort, Dec. soth, 1818.
The honorable ihc Speaker nf the Senate,

Sir—B y a provision of law, the adjutant-general is direct¬
ed «to keep his otlice in tlie state-house, or such other house
as the legislature, shall provide.”

In relation to this subject, permit me through you to re¬
port to the senate, that no room in the state-house, or other
place, has yet been designated ; nor do I know of one that is
unoccupied in the state-house, whictqcould be appropriated to
the use of the adjutant-general.

The papers and records of the office are now compelled to
he kept, and must remain at the mercy of other officers of
government, until a room can be provided; The quarter¬
master general's office, 1 believe is in the same situation.

If this subject merits th»consideration of the legislature, I
would beg leave to suggest, that the building now occupied as
a seminary, on the public square, is well calculated to answer
all the purposes of accommodation of both offices.

The adjutant-general and quartermaster-general’s offices
can be very conveniently kept in one and the same room.
The other room below can be appropriated as an arsenal.
The rooms above may be appropriated to some other useful
purpose.

The situation of this building on the public square, renders
ft wholly unfit for the purposes for which it was intended.
The trustees are therefore desirous to get rid of it, and will,
A have no doubt, dispose of it on good terms.

By making this arrangement, another object, no less de¬
sirable, will be obtained. The public square and public
buildings will no longer be subject to the depredations and
abuses consequent on being in the vicinity of a numerous
collection of school boys.

1 have the honor to be, very respectfully.

Your most obedient,

O. G. WAGGENER, Mft. Gen.

A message from the house of representatives, by Mr.
Duncan (of Daviess) :

Mr. Speaker —The house of representatives have passed a
bill entitled “ an act to amend an act concerning certain
trespasses on laud;” in which they request the concurrence
of the senate.

And then he withdrew.

The said biil was then taken up, read the first.time and or¬
dered to he read a second time.

k. ■ . ..

■m-

Svj JOURNAL OF

A message from the house of representatives, by Mr,,'

M’Closky: .

Mr. Speaker —The house of representatives have passed a
bill entitled “ an act erecting an election precinct in Nelson
county in which they request the concurrence ol the sen*
ate.

And then he withdrew.

Mr. Griffin presented the petition of sundry citizens ol
Casey county, in favor of Rebecca MilrlHI, representing
that she is a poor widow and has seven children, and is una-
hie to pay the state price on 50 acres of vacant land in said
county, on w hich she resides, and praying that the legislature
may make a donation of said lain!.

Which was read and refereed to Messrs. Griffin, Yancey,
Johnson and Harrison, who have*lcave to report by bill or
otherwise.

Leave was given to bring in the following bills, to wit:

On the motion of Mr. Johnson—1. A bill to amend the
statute of limitations.

On the motion of Mr. Faulkner—2. A bill to prevent the
exportation of slaves from this state for the purpose of .sale.

And on the motion of Mr. Bledsoe—3. A hill to establish
the town of Marion, in Gallatin county, and for other pur¬
poses.

Ordered^ That Messrs. Johnson, Bledsoe, Barry. Bridges.,
Southgate and Slaughter lie appointed a committee to prepare
and bring in the first; Messrs. Faulkner, Dnvidge, Bledsoe,
Southgate and Barry, the second ; and Messrs. Bledsoe,
Davidgc and Thompson, the third.

A bill from the house of representatives, entitled “ an act
to extend the line of Ohiocounty,” was taken up and read a
third time.

Resolved, That the said bill do pass, and that Mr. John¬
son inform the house of representatives- thereol.

A bill from the house of representatives, entitled “ an act
to amend an art entitled an act to amend the sc\ rral acts
concerning the importation and emancipation ot slaves,” ap¬
proved February 8, 1818, was read a second time and order-
ed to be laid on the table.

The following hills were severally read a second time, to
wit: A bill authorising a lottery for the purpose of paving
the streets of Middletown, and completing the Hope academy
therein ; a bill to extend the law concerning commonwealth s
attorriies; and a bill to amend and reduce into one the sever¬
al laws concerning public roads.

THE SENATE.

The former was ordered to be engrossed and read a third
time, and the two latter committed to a committee of the
'Whole house on the state of the commonwealth.

The following bills were reported by the several commit¬
tees appointed to prepare and bring iti the same, to wit:

By Mr. Yancey—A bill for the relief of Patty Bohannon.

By Mr. Eve—A bill to amend the law concerning the
turnpike and wilderness road.

Which were severally read the first time, and ordered to
be read a second time.

An engrossed bill far the benefit of Catherine Amiss, was
read a third time and laid on the table.

The senate received a message in writing from the lieu¬
tenant-governor, by Mr. Waggener, which wastaken up and
read as follows, to wit:

Gentlemen of the Senate,

I nominate for your advice and consent, Thomas E. West,
notary public in and for'ihe county of Jessamine and town of
Nicholasville.

GABr,. slaughter.

Dec. SOth, ISIS.

Resolved , That the senate advise and consent thereto, and
that Messrs. Davidge and Thompson acquaint the lieutenant
governor therewith.

And then the senate adjourned.

THURSDAY, December 31, 18IB.

The senate assembled.

William P. Fleming. Esq. senator from the-counties of
Fleming and Nicholas, returned to fill the Vacancy occasion¬
ed by the resignation of James Parks, Esq. appeared, pro¬
duced a certificate of his election and of his having taken the
oaths prescribed by the constitution of this commonwealth,
and took his seat.

Mr. Southgate, from the select committee to whom was re¬
ferred an engrossed bill to extend the time for returning plats
anil certificates into the register’s office, and for surveying
certain lands in this commonwealth, reported-an amendment,
which being twice read was concurred in. The Hill as amend¬
ed was then ordered to be re-engrossed and read again.

Mr. Chambers presented the petition of the justices of the
county .court of Mason, representing that one of the deed
books of said court is much injured : that a large proportion

JOURNAL OF

of the leaves of said book are loose and liable to be lost 5
praying that a law may pass directing the clerk of said court
to copy the said deed book in a well bound book, and to have
credit with the auditor for copying the same.

Which was read and referred to the committee of preposi¬
tions and grievances.

A message from the house of representatives, by Mr,
Pope:

Mr. Speaker —The house of representatives have passed a
hill entitled “an act to amend the act establishing indepen¬
dent banks in this commonwealth in which they request
the concurrence of the senate.

And then he withdrew.

The said bill was taken up, read the first time, and tho
rule being dispensed with, it was read a second and third
time.

Resolved, That the said bill do pass, and that Mr. Barry
inform the house of representatives'thereof.

A message from the house of representatives, by Mr.
L. Green:

Mr. Speaker —The house of representatives have passed a
hill entitled “an act for the benefit of Nathaniel Tucker j”
in which they request the concurrence of the senate.

And then he withdrew.

The said bill was taken up, read the first time and or¬
dered to be read a second time.

The following bills were severally read a second time, and
ordered to be engrossed and read a third time, to wit: A bill
to amend the law concerning the turnpike and wilderness
road; and a bill for the relief of Patty Bohannon.

A message from tiic bouse of representatives, by Mr.
Lackey:

Mr. Speaker —The house of representatives have adopted
the following'resolutions, to wit :

In the House of Representatives, Dec. 31st, 1318.

Resolved by the general assembly of tlic commonwealth of
Kentucky, That the executive of this state he, and lie-is here¬
by requested to correspond with the executive of the state of
Virginia, on the subject of opening a state road from Mount-
sterling, in this state, to the interior of Virginia, by way ot
Prestonsburg ; and respectfully request the executive,of Vir¬
ginia to lay the subject before the legislature of that state,
and solicit them in extending said road from the line , of this
state to tho interior of Virginia,

THE SENATE.

'93

flesolved, That the executive of this state he, and he is
hereby requested, in conjunction with the executive of Vir¬
ginia, to fix on the point where the contemplated road shall
cross the line between the two states.

Resolved, That the executive of this state be. and he is
hereby requested to transmit to the executive of Virginia, a
copy of the act entitled “ an act to open a road from Mount¬
sterling to the Virginia line, by way of Presto ,burg,” ap¬
proved the 21st (lay, of December ISIS, also a copy of the
.commissioners’ report, that the same may be laid before the
legislature of Virginia at their present session.

Extract, &c.—Attest, li'. S. TODD, C. Hi R.

In which tiiey request the concurrence of the senate.

And then he withdrew.

The resolutions were then twice read and concurred in—.
the first member thereof having been amended to read “to
solicit the extension of said road.”

Ordered, That Mr. Bledsoe inform the house of represent¬
atives thereof, and request their concurrence in the amend¬
ment.

Mr. Davidgo, from the committee of propositions and
grievances, reported a bill to establish Ecklar’s inspection,
in Harrison County ; which was read the first time. The
rule being dispensed with, it was read a second time, and
committed to Messrs. Bledsoe, Perrin, Davidgc and Taylor.

On the-motion of Mr. Barry, leave was given to-hringin a
bill for the relief of the administrators of Reuben Underwood,
deceased; which was referred to the committee for courts of
justice.

A bill from the, house of representatives, entitled “ an act
to amend an act entitled an act to amend the several acts
concerning the importation and emancipation ofslaves,” ap¬
proved February 8th, 1818, was read a third time ami com¬
mitted to Messrs. Southgate, Davidge, Bledsoe, Barry and
Bridges.

The senate then, according to the standing order of the day,
resolved itself into a Committee of the whole house on the
state or the commonwealth, Mr. Taylor in the chair ; and af¬
ter soiiie time spent therein. Mr. Speaker resumed the chair,
and Mr. Taylor reported, that the committee bail according
to order had under consideration a bill to provide for the re¬
vision of the statutes of this commonwealth, and had gone
through the same with amendments, which lie handed in at
the clerk’s table, where the same \v;e-ro twice severally read
and concurred in.

L ..

! f |#i
!l li ; ,

Ilf

li 1
1 m ! i

* a® t r

94 JOURNAL OR

Ordered, That the bill be engrossed as amended and read a
Hhird time.

Which being done, and the bill being read a third time ac¬
cordingly, and the blanks therein filled,

Resolved, That the said bill do pass, and that the title be

an act to provide for the revision ol the statutes ot this

commonwealth.” ,

Ordered, That Mr. Bledsoe do carry said bill to the house
of representatives and request their concurrence.

A message from the house of representatives, by Mr.

Hardin: .

Mr. Speaker —The house of representatives have passed a
hill from the senate, entitled “ an act for the relief of Charles
AVillot, sen. and Patrick Gilmore,”, with amendments. They
have passed a bill entitled “ an act for the benefit of the widow
of Peter Bodine, deceased, and for other purposesand
have adopted a resolution requiring the joint committee ap¬
pointed to examine the Bank of Kentucky, to make certain
inquiries,* and for other purposes; and a resolution requiting
the joint committees appointed to examine the public o® ces »
to report by a certain (lay. In which amendments, bill and
resolutions they request thejconciirrciice ot the senate.

And then he withdrew.

The bill was taken up, read the first time and ordered to
be read a second time.

The resolution requiring the joint committees appointed to
examine the public offices to report by a certain da), was
taken up as follows, to wit:

In the House or Representatives, Dec. 31, 1818.

Resolved, That the several committees raised for the pur¬
pose of examining the public offices, be instructed to make
their report to each house on or before the 15th day ot Janu-

Extract, &c.—Attest, R. S. TODD, C. II. R.

Winch being twice read was disagreed to, and so the said
resolution was rejected.

Ordered, That the clerk inform the house of representatives
thereof.

Ordered ,That the public printers forthwith print 130 co¬
pies of the bill to amend and reduce into one the several laws
concerning public roads, for the use of the members ot the
legislature.

The speaker laid before the senate a report from the presi¬
dent of the board of the Frankfort and Shelbyyiilo turnpike
road company, which was read as follows, to wit:

K* r ■ *> * - -

k.- 4^4'’ V

THE SENATE.

The honorable the Speaker of the Senate ,

Sir —The president, directors and company of the Frank¬
fort and Shelby ville turnpike road, respectfully report to tlio
general assembly of the commonwealth of Kentucky, agree¬
able to the provisions of the idOtli section of the original act
of assembly, approved the4th of February ISI?—

That by virtue of an act of the general assembly, approved
on the 31st January 1 818, the commissioners appointed by
the 10th section of the act, opened books of subscription for
stock in the. said company, for the purpose of constructing art
artificial road from Frankfort to Shelby ville.

That 667 shares of one hundred dollars each have been
subscribed, amounting to S 66.700. '

That a general meeting of the stockholders was held on tho
8th day of May last, at which a president, six directors and
a treasurer were chosen, and on the 11th day of May last
the company was organized.

That contracts have been entered into for constructing six
miles of the said road, commencing at the Frankfort perma¬
nent bridge and proceeding wcstwardly towards Shelby ville :
and for five miles commengiiig at Shelhyville and proceeding
eastwardly towards Frank fort.

That the undertakers have commenced the work, and por¬
tions of the road arc completed.

That the sum of 5 6,500 has been paid out and expended
in the prosecution of the Work.

That the company, have reasonable expectations that a
considerable proportion of the road will be completed before
the next meeting of the general assembly.

1 bat the two first instalments of the stock have been near¬
ly paid up.

That no toll-gates have been erreted or toll received.

1 hut Irony the-contracls made, the cost of constructing the
said road will average about 5 7,000 per mile.

All of which is respectfully submitted.

Dy order of the board.

THOMAS TODD, Pres’r.

Dec. 28th, IRIS.

An engrossed hill (or Hie benefit of Catherine Amis, wan
laken up, and an amendment by way of ryder was preposed,
which together with the bill was referred to the committee of
propositions and grievances.

Mr. Chambers, from the joint committee of enrolments, re¬
ported that they had examined an enrolled bill entitled. <• an

ijlp j

'Jl 1 !

|ji

06 JOURNAL OF

act to amend the. act establishing independent banks in' this
commonwealth,” and had found the same truly enrolled.

And then the senate adjourned.

FRIDAY, Januaey 1, 1319.

The senate assembled.

A message from the house of representatives, by Mr.
TVxltl : t n

Mr Speaker -—The speaker of the house of representatives
having signed an enrol!-!! bill, I am directed to lay the same
before the senate, for the signature of their speaker.

And.then he withdi-pw.

Whereupon the speaker signed said hill, being the same
reported hy Mr. Chambers yesterday, and it was delivered
to the joint "committee, to be presented to the lieutenant-gov¬
ernor for bis approbation and signature. And after a short
time, Mr. Yancey, from said committee, reported that they
had performed that duty.

Mr Wilson presented the petitions of sundry citizens ot
the counties of Hopkins and Christian, praying that ccitain
obstructions in Pond river may be removed, and the said
stream declared navigable.

Which was read and referred to the committee ot propo¬
sitions and grievances.

A message from the house of representatises, by Mu.

Smith: , ,

Mr. Speaker —The house of representatives have passed a
bill entitled •• an act to extend and continue in force a law for
returning plats and certificates into the register's office, and
for sun es ing certain lands in this commonwealth, approved
January llie’dth, i S16 in which they request the concur¬
rence of the senate.

And then he withdrew.

The said bill was taken up and ordered to be laid cn the
f elk i c

A message from the house of representatives, by Mr.
Dollerhide:

Mr. Speaker —The house of representatives have passed a
bk. entitled “ an act for the benefit; of Nancy Godby, Patsey
Lawrence and othersin which they reguest the concui-
renre of the senate.

And then he withdrew.

The said hill was taken up, read the first time, and the
rule being dispensed with, it was read a second time and
referred to the committee of propositions and grievances.

A message from the house of representatives, by Mr.
Lackey:

Mr. Speaker —The house of representatives concur in the
amendment proposed by the senate to a resolution relative to
the opfening of a road to the Virginia line by way ot'Prestons-
burg.

And then he withdrew.

Mr. Johnson, from the committee to whom was referred an
engrossed bill concerning the duties of the register of the
land-office, reported ah amendment in lieu of the bill, which,
being twice read and further amended was concurred in.

Ordered. That the hill as amended he laid on the table.

Mr. Davidge, from the committee to whom was re¬
ferred a bill from the house of representatives, entitled “an
act to amend an act concerning certain trespasses on land,”
reported the same with an amendment, which being twice
read was concurred in, and the bill read a third time as
amended.

IiCsolvcd , That the said hill as amended do pass, and that
the clerk inform the house of representatives thereof, and re¬
quest their concurrence in the amendment.

An engrossed bill to extend the time for returning plats
and certificates into the register’s office, and for surveying
certain lands in this commonwealth, was read again.

Resolved, That the said bill do pass, and that the title be
“an act allowing further time to survey head-right claims.”

Ordered. That Mr. Wood do carry said bill to the house
of representatives and request their concurrence.

An engrossed bill for the relief of Patty Bohannon, was
read a third time and referred to the committee of proposi¬
tions and grievances.

An engrossed bill to amend the law concerning the turnpike
and wilderness road, was read a third time.

Resolved, That the said bill do pass, and that the title be
“ an act to amend the law concerning the turnpike and wil¬
derness road.”

Ordered, That the clerk do carry said bill to the house of
representatives, and request their concurrence.

On the motion of Mr. Bledsoe, leave was given to bring in
a bill to amend the law concerning. executions j and Messrs.
Bledsoe, Fleming, Southgate, Davidge and Taylor were ap¬
pointed a committee to prepare ami bring in the same.

JOURNAL OF

Bills from the hojiso of representatives oftlie following'ti¬
tles, to wit': An act erecting an election precinct in Nelson
county; an act for the benefit of the uido.w ot Peter Boding
deceased. and for other purposes ; and an act for the licnelifc
ofNathaniel Tnrker; were severally read, the former the
first time, anti the two latter a second time.

The rule being dispensed with, the former was read a sec¬
ond time, anti committed to Messrs. V/ icklilt, Harrison}
Bridges and Crutcher.

The two latter were referred to the committee of proposi¬
tions and grievances.

Mr. Bledsoe, from the committee to whom was referred a
hill to establish Ecklar’s inspection, in Harrison county, re¬
ported the same with amendments, w hich were tw ice read and
concurred in.

Ordered, That the bill as amended be engrossed and read 3
third time.

Mr. Southgate, from the committee to whom was referred
a hill from the house of representatives, entitled “an act to
amend an act entitled an act to amend the several acts con¬
cerning the importation and emancipation of slaves, approved
February 8, 1 Si8 ,” reported an amendment in lieu of (lie
bill ; which was read, and together with the bill was ordered
to be laid on the table.

The resolutions from the house of representatives, requir¬
ing the joint committee appointed to examine the Bank ot
Kentucky, to make certain inquiries, and for other purposes,
were taken up as follows, to wit:

Jk the House ok Representatives, Dec. IS, 1818.

1iesolved. That the joint committee appointed to inquire
into and report, the state of the. Bank of Kentucky and its
branches, and the causes of the late suspension of specie pay¬
ments, lie directed to inquire and ascertain what banks have
been organized by virtue of an act of assembly entitled “ aa
act to establish independent banks in this commonwealth
<uid whether any, and if any, what banks commenced opera¬
tion or have since acted in violation of said art; and that the
committee he invested with power to send for persons, papei 3
and records.

Resolved, That a law ought to pass, repealing the charters
of all independent banks w hich shall have commenced opera¬
tion contrary to the provisions of the act aforesaid, or have
since failed and refused to comply therewith; am! that the
committee have power to report by hi!! or otherwise.

Extract, &c.—Attest, Li. S. a U, IL R. •

TKE -SENATE.

Whirli being twice read were concurred in with the follow¬
ing amendments, to wit:

Add to the first resolution, “ And that said committee also
report, how much of the-debt heretofore reported by them as
due from the Bank of'.Kenlucky to the branches of (he United
States’ bank, w as due from the principal bank, and what
part of said demand was owing from the branches of said
bank, and how much from each branch ; and how much of
said demand was due to the United States’ branch at Louis¬
ville, and how much to the, Lexington branch ; and if any
was due to the Louisville branch, how and in what manner
the same was settled and adjusted with the Louisville branch;
and whether the said demands arose in the course of the or¬
dinary transactions of the bank, or in what manner and by
what means the said debt accrued.”

Add an additional resolution, to wit:

Resolved. That said committee be further instructed to as¬
certain and report, as far as practicable,, the number of bor¬
rowers of (lie state bank, and whether the sums loaned have
been equally apportioned, or whether large loans have been
made to particular individuals ; what amount has been loan¬
ed to the citizens of the county oft rauklin, and what to those
of other counties ; whether (ho branches of said hank have
been diffusive in their loans, or whether they have confined
them to their immediate vicinity.

Ordered, That the clerk inform the house of represent¬
atives thereof, and request their concurrence in the amend¬
ments.

And then the senate adjourned.

SATURDAY, January 2 , 1819,

The senate assembled.

A message from the house of representatives, by Mr,
Todd :

Mr. Speaker —The speaker of the house of representatives
having signed sundry enrolled bills, and an enrolled resolu¬
tion, 1 am directed to lay the same before the senate, for the
signature ol their speaker.

And then be withdrew.

Whereupon the speaker signed the bills and resolution, to
wit: An act to extend the line of Ohio county ; an act to
amend an act entitled an act to establish and regulate the
town of Campbcilsvilie,, in Green county.; and a resolution

JOURNAL OF

105

relative to the opening of a road to the Virginia line, by way
of Prestonsburg; and they were delivered to the joint com¬
mittee of enrolments, to he presented to the lieutenant-gov¬
ernor for his approbation. And after a short time, mi - .
Yancey, from said committee, reported that they had per¬
formed that duty.

Mr. Fleming presented the petition of sundry citizens of
•Flemingsburg. praying that the trustees may be vested with
power to levy and collect an additional tax. to procure a lire
engine.

Mr. Worthington presented the petition of Elias Smith, of
Hopkins county, praying that a law may pass prohibiting
the building of such boats as will injure his bridge across
Pond river.

Which were severally read.

The former was referred to a select committee of Messrs,
Fleming, Bledsoe and Chambers, with leave to report by bill
or otherwise ; and tire latter to the committee of propositions
and grievances.

Mr. Wickl iff, from the committee to whom was referred a
bill from the house of representatives entitled an act erect¬
ing aii election precinct in Nelson county/’ reported tho
same without amendment. It w as then read a third time.

Resolved, That the said bill do pass, and that, the clerk in¬
form the house of representatives thereof.

Leave was given to bring in the following bill - ;, to wit:

On the motion of Mr. Fleming’—1. A bill for the benefit of
Margaret Swim.

On the motion of Mr. Harrison—2. A bill to amend (lie
several acts concerning the publication of certain advertise¬
ments.

On the motion of Mr. Owens—3. A bill to amend and re¬
duce into one the several acts authorising the change of venue
in civil cases.

On the motion of Mr. Davidson—4. A bill to establish a
college in Mercer comity, in or near the town of Danville.

On the motion of Mr. Barry—3. A liiii concerning the
sergeant of the court of appeals.

And on the motion of Mr. O wens—G. A hill to amend the
penal laws of lids commonwealth.

Ordered, That the first bo referred to the committee of
propositions and grievances; and that Messrs. Harrison,
Johnson, Bledsoe, Faulkner and Wieldin' he appointed a
committee to prepare and bring in the'second ; Messrs.
Owens, Bledsoe, Barry, Fleming and Davidge, the third ;

THE BENATEi

101

Messrs.' Davidson, Bridges, Faulkner, Owens and Davidge,
the- <• i.irth ; Messrs. Harry, Fleming and Bridges, the fifth ;
and Messrs. Owens, Davidge and Bridges, the sixth.

And after a short lime, Mr. Barry. Crum the fifth com¬
mittee, reported a bill, which was read the first time. The
rule being dispensed with, it was read a second and third
time (it being engrossed).

Reso'vcd, That the said hill do pass, and that the tide he
,“ an art concerning the sergeant of the court oI'appeals.”

Ordered. That Mr. Barry do carry said Bill to the house
of representatives, and request their concurrence.

An engrossed bill concerning the duties of the register of
the land-office, with the proposed amendments, was taken up
and re-committed to Messrs. Johnson,'Owens, Bledsoe,
Wood, Bridges. Fleming, Taylor and Chambers.

An engrossed hill establishing Ecklar's inspection, in Har¬
rison county, was read a third time.

Resolved, That the said hill do pass, and that the title lie
‘•an act establishing certain inspections."

Ordered . 'I hat the clerk do carry said bill to the house of
representatives, and request their concurrence.

A bill from the house of representatives, entitled “ an act
to amend an act entitled an act to amend the several acts
concerning the importation and emancipation of slaves, ap¬
proved February 8. ISIS." with the amendments, was taken
up. which were concurred in, and the bill ordered to be read
a third time as amended.

The following bills were reported from the several com¬
mittees appointed to prepare and bring in the same, to wit :

By Mr. Given—A hill for the benefit of John Hardwick.
Benjamin Hardwick and Sarah Hardwick, tho heirs ami le¬
gal representatives of Christopher Hardwick, deceased.

ivy the .same—A bill for the benefit of .lame:, HfiVr.

By Mr. ftany—. \ bill for the relief of the administrators
cf Reuben Underwood, deceased.

Which.were severally read the, first time.

. The rule being dispensed with, the first was read a second
time, and referred to thd Committee of propositions and griev¬
ances.

The second and third were ordered to be. read a second
time.

Mr. Bledsoe read ami laid or, the table the following reso¬
lution, to wit:

Resolved by the g c:i?.ral a,s;eer,ivki of Vie eommar.zvraUh of
Kentucky ,.That a joint corauid-.-: .AAree mem*'' from tl..->

102

JOURNAL OF

senate and six from the house of representatives be appointed
to examine into and report the stale ot the penitentiary , and
of the accounts thereof.

Ami thereupon the rule of the senate being dispensed with,
it was taken up, twice read and adopted.

Ordered, That the clerk acquaint the house of representa¬
tives therewith, and request their concurrence.

A message from the house of representatives, by Mr,
Todd:

3Fr. Speaker—The bouse of representatives concur in the
resolution from tlic senate, appointing a joint committee to
examine the penitentiary, and have appointed a committee on
their part.

And then he-withdrew.

'Whereupon Messrs. Bledsoe, Johnson and Faulkner were
appointed a committee on the part of the senate, pursuant to
said resolution.

And then the senate adjourned.

MONDAY, Jaxuaky 4, 1819,

The senate assembled.

William Hardin, Ksq. senator from (be counties of Breck-
enridge. Grayson am! Butler, appeared and took bis scat.

Mr. Churchill presented the petition of Alexander Wood-
row, surveyor of Jefferson county, representing that owing
to inadvertence and without any will or design of evading
the law, lie failed to renew his bond in due time, and at the
December term last the county court permitted him to renew
Lis bond., praying that the proceedings of the county court
may be legalised.

Which was read and referred to Messrs. Churchill,
Bridges, Ford and Hardin, with leave 1 to report by bill or
otherw i sc.

Mr. Bledsoe read and laid on the tabic the following reso¬
lutions, to wit :

1. Resolved by the general assembly of the commonwealth of
li'entncky. That the establishment of a monied monopoly, is
Losti’e to republican liberty.

3. Resolved, i bat banks arc such a monopoly, and do not
Or [tend for their profits upon the Correct employment of the
products of industry.

3. Resolved. That as (lie products of the labor of a nation.
?.re tffe only genuine sources of national wealth, any corpor-

THE SENATE.

103

ation or institution which tends to substitute speculation, irr-
stead of the proper and valuable fruits of this labor, must be
pernicious, and ought to be abolished.

4. Resolved, That any corporation, not promotive of, or
essential to public good, ought not to exist.

5. ReSo : ved,' That all banks wherein individuals are inter¬
ested. are monied monopolies ; tending to make profit to
those who do not labor, out of the, means of those who do ;
not tending to increase the means of industry, hut to' profit of
those means unjustly ; tending to tax ihe many, for the bene¬
fit of a few; tending to create, a privileged order, unust-ful
and pernicious to society; tending to destroy liberty, and
create a power unfriendly to human happiness; tending inev¬
itably to an unfeeling monied aristocracy, more to he depre¬
cated than monarchy itself; tending to the destruction of the
best hopes of man, here and hereafter.

(i. Resolved, That it becomes (lie duty of (lie general gov¬
ernment, and of every individual state composing it. (gradu¬
ally, if necessary, hut ultimately-and certainly) to abolish all
banks and monied monopolies ; and if a paper medium is ne¬
cessary, to substitute the impartial and disinterested medium
of the creditof tlm nation, or of the states.

7. Resolved, That copies of the foregoing resolutions be
transmitted by the acting governor of this state, to the presi¬
dent of the United States, and to each of the senators and rep¬
resentatives in congress from this state, as an e\ idenco of the
sense of the people of this state, to he 'submitted to congress.

Ordered. That the public printers forthwith print 1 50 co*.
pics of said resolutions, for the use of the members of the leg¬
islature.

Mr. Fleming moved the following resolution, to wit;

Whereas it is represented, that W iliiam M’Clanahan, a
justice of the peace for the comity of Ni< hulas, was prosecut¬
ed by John KLincart, of the county aforesaid, for felony, t:>
wit: Fur feloniously trkingand carrying away wheat in tha
night,;\or on different nights, the property of said Kineart ;
amlit appearing on the trial before Samuel M. Waugh and
Morris Morris, hsqs. two justices of the peace for the county
aforesaid, from the evidence adduced, that, the accused was
guilty, the said justices decided that the said M’Clanahan
should he recognized to appear before the circuit, court, for
further trialAnd v. jiercas the counsel, for the accused then
snored for a re-consideration of the- case, which was granted;
the accused plead that ifth : o witness did not prove the wheat
aforesaid to be worth-four dollars, that he would in that case

104 JOURNAL OF

rely on the statute of limitations, inasmuch as lie had not been
prosecuted within one year from the time the offence was
committed : Therefore,

Resolved, That a committee he appointed to inquire into the
charge aforesaid,' preparatory to his removal from office by
address : and that the said committee have power to semi for
persons,'papers and records for their information.

Which being twice read was concurred in, and Messrs.
Fleming, Barry, Owens, Davidge, Chambers, Mason and
Taylor were appointed a committee pursuant thereof.

Leave was given to bring in the following hills, to wit:

On the motion of Mr. Owens—A bill for the relict of the
sheriffs of Adair and Green counties.

And on the motion of Mr. Mason—A bill to establish au
election precinct in Esiiil county.

Ordered, That Messrs. Owens, Bartlett anti Bridges he ap¬
pointed a committee to prepare and bring in the former, and
Messrs. Mason, South. Griffin and Rarrv the latter.

Mr. Owens, from the first committee, imported a bill,
which was read thefirst time ; and the rule living dispensed
with, it was read a second tine, and on motion committed to
Messrs. Owens, Bledsoe. Johnson, Bridges ami Southgate.
And altera short time. sir. Owens reported the bill with an
amendment, which being twice read was concurred in. The
rule-was again dispensed with, and the hill engrossed and
read a third time.

Resolved. That the said hill-do pass, and that the title be
“ an act for the relief of the sheriffs of Adair, Green and Pen¬
dleton couloirs’.'”

Ordered, That the clei k do carry said bill to the house of
representatives, and request their concurrence.-

A bill from the house of representatives, entitled “ an act
to amend an act entitled an act: to amend the several acts con¬
cerning the importation anil emancipation of'sluvcr, approv¬
ed February 8th. J8I«. M was read the third time as amended.

Resolved, That the said bill do pass as amend si. arid that
the title be amended to : ead “ an act to amend an act until tep
an aetto amend the act concerning the importation and eman¬
cipation of slaves, approved February 8, 48Id.''

Ordered, That the clerk inform the house of representatives
thereof, and request their concurrence in the amendments.

Ti e senate received a message in writing from the lieu¬
tenant-governor. by Ur. Waggcnev, which was taken up and
read as follows, to wit: ,

THE SENATE. 1M

Gentlemen of the Senate,

I nominate for your.advice ami consent, Mason Singleton,
colonel of the 9tli regiment, in place of Hugh A. Anderson,
removed.

Smith Bradshaw, lieutenant colonel of the same regiment,
in place of Mason Singleton, promoted.

Thomas Smith, major of the same regiment, in place of
Smith Bradshaw, promoted.

GABi.. SLAUGHTER.

January 4th, 1810.

Ordered, That the two latter nominations he committed to
Messrs. Faulkner, Jones, Ford, Davidson, Eve and Owens.

The following bills were severally read a second time, and
ordered to he engrossed and read a third time, viz. A hill for
the benefit of James Elder •, and a .bill for the relief of the ad¬
ministrators of Reuben Underwood, deceased—the latter
having been amended at the clerk’s table.

A message from the house of representatives, by mi-.
Hardin :

Mr. Speaker —The house of representatives have passed a
bill from the senate, entitled « an act concerning the sergeant
of the court of appeals.”

And then he withdrew.

A message from the house of representatives, by Mr.
Parsons:

Mr. Speaker —The house of representatives have passed a
bill from the senate, entitled “ an act further to indulge the
settleiss olithe lands acquired by the treaty of Tollico to pay
the state price on their claims,” with an amendment, in
which they request the concurrence of the senate.

And then he withdrew.

Mr. Barry presented the petition of John P. Aldridge,
teacher of education on the Lancastcrian system, in Lexing¬
ton, praying that he may be permitted to raise by way of lot¬
tery S7000, to be appropriated in establishing other schools
and lecturing, in the largest towns in the “state, for the pur¬
pose of explaining the system.

Mr. Owens presented the petition of Nathiel Tucker, of
Green county, representing that lie is entitled to 140 acres of
land in said county, by virtue of a county court certificate,
the state price for which be is unable to pay, and praying
that the balance remaining due may be remitted, and that e
grant may issue to him for said land.

Which were severally read, and referred to the cbthmitfe*
of propositions and grievances.

And then the senate adjourned.

TUESDAY, January 5, ISIS:

The senate assembled. •

Mr. Davidge, from the committee of propositions and’
grievances, reported the following bills, to wit: 1. An en¬
grossed bill for the benefit of Catherine Amis and Aguess
Snider; 2. an engrossed bill for the benefit ot Patty Bohan¬
non ; S. a bill for the benefit of the heirs and legal represent¬
atives of Christopher Hardwick, deceased: And bills-from
the house of representatives, of the following title's, to wit's
4. An art for the benefit of Nathaniel Tucker; 5. an act for
the benefit of Nancy Godby. Patsey Lawrence and others j.
and 6. an act for the benefit of the widow of Peter Bodine,
deceased, and for other purposes ; without amendment.

The said bills were_severally ordered to be read a third
time; the third to be engrossed, and the first to be re-cn-
grossed and read again.

The remainder oi'thc bills were severally read a third time?
and the iiflb amended at the clerk’s table.

Resolved. That the said bills do pass, and that the title of
the fifth be “an act for tbc benefit of Patty Bohannon.”

Ordered. That the clerk inform the house of representatives
thereof, and request their concurrence.

The following bills were reported from the committees ap¬
pointed to prepare and bring in the same, to wit:

By Mr. Davidge—1. A bill for the benefit of Margaret
Swim.

By Mr. Mason—2. A bill to erect an election precinct in
Estill county.

Bv Mr. Homing—5. A bill vesting certain powers in the
trustees of the tov n of Flcmingsburg.

By Mr. Harrison—4. A bill to amend the law concerning
the publication of advertisements.

And on the motion of Mr. Johnson, leave was given him
to report, 5. A bill to incorporate the Southern College of
Kentucky.

Which were severally read the first time.

The rule being dispensed with, the three former were sev¬
erally read a second aud third time, having been previously
engrossed.

JOURNAL OF

THE SENATE. SQf

Hcsolved, That the tliree. former bills do pass, and that the
titles be, respectively, “an act for the benefit of Margaret
Swim,” “an act to erect an election precinct in IHstill coun¬
ty,” and “ an act vesting certain powers in the trustees of
the towns of Flemingsburg and Lebanon.”

Ordered, That the clerk do carry the two former, and Mr.
Fleming the latter, to the house of representatives, and re¬
quest their concurrence.

The fourth and fifth were ordered to be read a second
time.

The resolutions laid on the table yesterday, concerning
banks, were taken up and committed to a committee of the
whole house on the state of the commonwealth for Thursday-
next.

The amendments proposed by the house of representatives
to a bill from the senate, entitled “ an act for the benefit of
Charles Willot and Patrick Gilmore,” were taken up, read
and concurred in with an amendment.

Ordered, That the clerk inform the house of representatives
thereof, and request their concurrence in the said amend¬
ment.

Leave was given to bring in the following bills, to wit:

On the motion of Mr. Crutcher—A bill for the relief of the
sheriff of Hardin county.

On the motion of Mr. Owens—A bill to provide for the
safe-keeping of the public arms, and for other purposes.

On the motion of Mr. Perrin—A bill for the benefit of poor
widows.

Ordered, That Messrs. Crutcher, Bartlett and Bledsoe he
appointed a committee to prepare and bring in' the first;
Messrs. Owens, Davidge, Bledsoe and Fleming, flic second ;
and Messrs. Perrin, Jones, Yancey, Owens, Davidson, Grif¬
fin and Barry, the third.

Mr. Crutcher presented the petition of Samuel May, re-p¬
resenting that previous to 179S. he was deputy clerk of the
court of quarter sessions for Hardin county, and a vacancy
happening in the clerkship, lie was appointed to take charge
of the papers and records belonging to-the office ; that lie per¬
formed the duties of clerk for four months and a half, for
which the court of quarter sessions allowed him upwards of
thirty-one pounds, and directed it to be levied by the county
court, but they have refused ; pray ing tiiat the treasurer may¬
be directed to pay the same, or that the Hardin county court
shall levy the same.

JOURNAL OF

Which was read and referred to the committee of proposi¬
tions and grievances.

Mr. Faulkner, from the committee to whom was referred
certain military nominations on yesterday, made the follow¬
ing report, to wit:

The select committee to whom was referred the nomination
<rf Smith Bradshaw, lieutenant colonel of the 9th regiment of
Kentucky militia, have had the said nomination under con¬
sideration, and have come to a determination .thereon, and
beg leave to offer the following resolution, to wit :

Resolved, That the senate do not advise and consent to the
said nomination.

Which being twice read was laid on the table until Friday
week.

On the motion of Mr. Crutcher,

Ordered, That the committee for courts of justice he dis¬
charged from the further consideration of a petition of sundry
citizens of Hardin county, praying that the terms of their
circuit court may be extended, and that the same be commit¬
ted to Messrs. Crutcher, Hardin, Harrison, Churchill’,
Wickliff and Bridges, with leave to report by bill or other¬
wise.

The senate then, according to the standing order of the day,
resolved itself into a committee of the whole house on the
state of the commonwealth, Mr. Yancey in the chair ; and af¬
ter a short time, Mr. Speaker resumed the chair, and Mr.
Yancey reported, that the committee had according to order
taken under consideration a bill to incorporate the Beech
Fork Navigation Company, and had gone through (he same
without amendment, which he handed in at the clerk's table.

On the motion of Mr.’ Wickliff, the bill was (hen committed
to Messrs. Wickliff, Crutcher, Southgate and Owens.

A message from the house of representatives, by Mr.
3’ones:

.Mr. Speaker —The house of representatives have passed a
bill entitled “an act lor the benefit of Edward Maxcy and
John Wilson in which they request the concurrence of
the senate.

And then he withdrew.

Mr. Davidge, from the majority on the vote whereby the
nomination of Urbin Ewing, as sheriff of Logan county, was
rejected, moved the following resolution :

Resolved bij the Senate, That they will re-consider the vote
respecting the nomination of Urbin Ewing for sheriff of Le-

r K

THE SENATE, 10S

gr.n county, and that the acting governor be requested to re¬
turn the said nomination.

And the question being taken on adopting said resolution,
it was resolved in the affirmative—Yeas 21, nays 11.

The yeas and nays being required thereon by Messrs.
Johnson and Davidge, were as follows, to wit:

Those who voted in the affirmative, arc, Mr. Speaker, and
Messrs. Bartlett, Bridges, Churchill. Crutcher, .Davidge,
Davidson, Faulkner, Ford, Given, Griffin, Hardin, Harri¬
son, Jones, Mason, Owens, -Slaughter, Wickliff, Wilson,
Wood and Worthington.

Those who voted in tiie negative, are, Messrs. Barry,
Bledsoe, Eve, Fleming, Johnson, Perrin, South, Southgate,
Taylor, Thompson and Yancey.

Messrs. Davidge and Churchill were appointed a commit¬
tee to wait on the lieutenant-governor with said resolution.
And then the senate adjourned.

WEDNESDAY, January 6, 1819.

• /

The senate assembled.

Mr. Owens presented the petition'of the heirs of Francis
Emmerson, praying that they may be authorised by the le¬
gislature to add a tract of land of which the said Francis died
seized, to the town of Burksville.

Which was read and referred to Messrs. Owens. Wood,
Yancey and Griffin, with leave to report by hill or otherwise.

Mr. Wickliff, from the committee to whom was referred a
bill to incorporate the Beech Fork Navigation Company, re¬
ported the same with amendments ; which being twice read
were concurred in.

Ordered, That the bill be engrossed as amended and read a
third time,

The following bills were reported from the several com¬
mittees appointed to prepare and bring in the same, to wit :

By. Mr. Churchill-—A bill for ihe relief of Alexander
Woodrow, surveyor of Jefferson county.

By ssr. Perrin— V bill for-the benefit of poor widows.

By mi-. Crutcher—A bill for the relief of-tlie sheriff of Har-.
din county.

'; liich were severally read the first time.

The rule being dispensed with, the former ‘bill was read a
second time, and committed to Messrs. Faulkner, Churchill,
Hardin and Ford.

HMRMHi

JOURNAL OF

The two latter were ordered to be read a second time.

The amendment proposed by the house of representatives
to a bill from the senate, entitled « an act further to indulge
the settlers on the lands acquired by the treaty of Tellico to
pay the state price on their claims, was taken up, twice read
and disagreed to.

Ordered, That the clerk inform the house of representatives
thereof.

A bill from the house of representatives, entitled “ an act
for the benefit of Edward Maxcyand John Wilson, was read
the first time and ordered to be read a second time.

Engrossed bills, to wit: 1. A hill authorising a lottery for
the purpose of paving the streets of Middletown, and com¬
pleting the Hope academy therein ; 2. a hill for the benefit
of Catherine Amis.; 3. a bill for the benefit of the heirs of
Christopher Hardwick ; 4. a bill for the relief of the admin¬
istrators of Reuben Underwood ; and 5. a bill lor the benefit
of James Elder : were severally read a third time.

Resolved . That the first, third, fourth and fifth bills do pass,
and that the titles be, respectively, “ an act authorising a lot¬
tery for the purpose of paving the streets of Middletown, and
completing’the Hope academy therein;” “ an act for the
benefit of the heirs of Christopher Hardwick;” “ an act for
the relief of the administrators of Reuben Underwood, and
the bears of Spencer Gill,” and “ an act tor the benefit of
James Elder.”

Ordered, That Mr. Churchill do carry the former, and the
clerk the three, latter bills to the bouse of representatives and
request their concurrence.

The second bill was laid on the table.

The following hills were severally read a second time, and
committed to a committee of the whole house on the state of
the commonwealth, to wit: A bill to alter the mode of taking
in t he 'lists of taxable property ; and a bill to amend the law
concerning the publication of advertisements.

On motion,

Ordered, That Mr. Mason be added to the committee ap¬
pointed to prepare and bring in a bill to prevent the practice
of purchasing slaves in this commonweal th for exportation.

An engrossed bill limiting the time for which deputy sher¬
iffs may continue in office, was taken up and ordered to be re-
engrossed ns amended and read again.

Leave was given to bring in the following bills, to wit:

On the motion of Mr. Bartlett—1. A bill for the benefit of
the heirs of John Marshall, deceased.

•r

THE SENATE, m

On the motion of Mr. Bledsoe—2. A bill to authorise the
trustees of the prcsbytcrian meeting-house and lot in Paris
to sell the same.

On the motion of Mr. Johnson—S. A hill to provide and
appropriate a fund for the purposes of education.

On the motion of Mr. Barry—4. A bill to incorporate the
Elkhorn Navigation Company.

And on the motion of Mr. Bartlett—5. A hill to amend the
several acts respecting the opening a road from New-Castle
to the mouth of Licking.

Ordered, That Messrs. Bartlett, Ford, Barry and Crutcher
be appointed a committee to prepare and bring in the first ;
Messrs. Bledsoe, Chambers, Davidgc, Mason and Taylor,
the second ; Messrs. Johnson, Bledsoe. Bridges, Southgate,
Barry, Davidge and Wickliff, the third; Messrs. Barry,
Thompson-, Bledsoe, Wickliff and Taylor, the fourth ; and
Messrs. Bartlett, Perrin, Southgate, Ford and Thompson,
the fifth.

Mr. Barry presented the petition of Asa Blanchard, Wil¬
liam Monroe and Nancy his wife, praying that a law may be
passed authorising the said Asa to re-convey to said William
a tract of 200 acres of land in Breckeriridge county, which
he conveyed in trust for the benefit of said Nancy and her
children.

W liicli was read and referred to the committee for courts
ofjustice.

The senate then, according to the standing order of the
day. resolved itself into a committee of the whole house on
the state of the commonwealth, Mr. Wood in the chair; and
after- some time spent therein, mi-. Speaker resumed the chair,
and Mr. Wood reported, that the committee had according to
order taken into consideration a bill providing for the ap¬
pointment and compensation of commonwealth's attornies for
the circuit courts, and a hill to extend the law concerning
commonwealth’s attornies, and had gone through the former
'without amendment, and adopted the following'resolution as-
to l he latter.

Resolved , i hat the hill to extend the law concerning com¬
monwealth's attornies, ought to he rejected.

Which he handed in at the clerk’s table.

And then the senate adjourned.

■; ■ .. y. • V-. ' V/J-i j :

' '! '

- . ■ , ’'.Vi ' i. . /

!< I

■'a.; ! '

SEt*. .. Ml

JOURNAL OF

THURSDAY, January 7, 1819

The senate assembled.

Mr. Mason presented (be petition of sundry citizens, in
favor of James Sammons, representing that be, was a soldier
of the revolution, and is now poor and infirm, and praying
that the legislature may donate to him .200 acres of vacant
land on the waters of Ross’creek, in Eslill county, on which

lie resides. „ ....

Which was read and referred to Messrs. Mason, (.xriitin.
Eve and Davidson, with leave to report by hill or otherwise.

Mr. Faulkner, from the committee to whom was relerrcd
a bill for the relief of Alexander Woodrow, surveyor of Jef¬
ferson countv. reported the same with an amendment, which
being twice read was concurred in, and the bill ordered to be
engrossed and read a third time.

A bill providing for the appointment and compensation ot
commonw ealth’s attornies for the circuit courts, was taken up
and pc-«i(! as follows, to wit:

§ i. He it enacted hi/ the general aesanbhj of the. common-
n'raHh nf Tt'entnckii. That every circuit court shall have full

cute the pleas of the commonwealth therein ; to fill ait vacan¬
cies which mav occur in that office; and in the event of the
non-attendance of that oilmen at any term of the circuit court,
to appoint an attorney competent to prosecute the pleas afore¬
said at’surh term in his stead.

§ <2. Beit further enacted. That every circuit court shall,
on the last day of the term thereof, make an allowance to its
prosecuting attorney. for his services ; which allowance shall
be certified by the clerk of such court to the auditor, who
shall issue his warrant accordingly on the treasurer lor the
payment, of flu* same : Vrorided , that there shall not be allow¬
ed more than S !00 in any judicial district, for the services
annu’aily reim -red by the attorney or uttoruics for the com-
iflonwcalth therein.

§ Be it further enacted. That, attornies for the common¬
wealth in the circuit courts, shall be ineligible to the legisla¬
ture of this state, w hilst they continue in office.

And wr. Fleming moved to amend the said bill, by striking
: t the whole except the enacting clause, and insert the fol¬
low big i: li u thereof:

1 hat the act passed on the 23d day of January 1813.

;•* , ; ■} ; ; act concerning commonwealth’s attornies,” shall

THE SENATE. ns

be, and the same is hereby continued in force two years from
and after the fifth day of February 1819.”

And the question being taken thereon, it was resolved in
the negative—Yeas 16, nays 16.

The yeas and nays being required thereon by Messrs.
Harrison and Fleming, were as follows, to wit :

Those who voted in the affirmative, are, Messrs. Crutcher,
Davidson, Fleming, Ford, Given, Griffin, Harrison, Mason,
Owens, Slaughter, South, Wickljff, Wilson, Wood, Worth¬
ington and Yancey.

Those wiio voted in the negative, are, Air. Speaker, and
Messrs. Barry, Bartlett, Bledsoe, Bridges, Chambers,
Churchill, Davidge, Faulkner, Hardin, Johnson, Jones,
Perrin, Southgate, Taylor and Thompson.

The vote being equal, the speaker, agreeably to a rule of
the senate, declared the amendment disagreed to.

The question was then taken on engrossing and reading the
former bill a third time, and it was resolved in the affirma¬
tive—Yeas 19, nays 13.

The yeas and nays being required thereon by Messrs.
Owens and Churchill, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Barry, Bartlett, Bledsoe, Bridges,Chambers, Church¬
ill, Crutcher, Davidge, Davidson, Faulkner, Hardin, Johnson,
Jones, Perrin, Slaughter, Southgate, Taylor and Thompson.

Those who voted in the negative, are, Messrs. Fleming,
Ford, Given, Griffin, Harrison, Mason, Owens, South,
WicklilF, Wilson, Wood, Worthington and Yancey.

The question was then taken upon concurring in the reso¬
lution reported yesterday from the committee of the whole
lionse, relating to the bill to extend the law concerning com¬
monwealth’s attornies, and it was resolved in the affirmative
•—Yeas 17. nays 1 5.

The yeas and nays being required thereon by Messrs.
Harrison and Fleming, were as follows, to w it:

Those who voted in the affirmative, are, Mr. Speaker, ana
Messrs. Barry, Bartlett, Bledsoe, Bridges, Chambers,
Churchill, Davidge, Faulkner, Hardin, Johnson, Jones, Per¬
rin, Slaughter, Southgate, Taylor and Thompson.

Those who voted in the negative, are, Messrs. Crutcher,
Davidson, Fleming, Ford, Given, Gridin, Harrison, Mason,
Owens, South, YVickliff, Wilson, Wood, Worthington and
Yancey.

The following,hills were reported from the several commit¬
tees appointed to prepare and bring in the same, to wit ;

114 JOURNAL OF

By Mr. Bledsoe— A bill to authorise the trustees-of the
presbyterian meeting-house and lot in Varis to sell the same.

By* mi-. Crutcher—A bill to establish a new judicial dis¬
trict.

And by srr Faulkner—A bill to prohibit the exportation
of slaves lor sale.

Which bills were severally read the first time ; and the
rule being dispensed with, the former bill was read a second
time, and ordered to be engrossed and read a third time ; and
the two latter were ordered to be read a second time.

A message from the house of representatives, by -Mr,
T. Ward:

jtlr. Speaker —The house of representatives have adopted
a resolution fixing on a day on which to electa treasurer,
public printer, and a president and directors of the Bank of
Kentucky on the part of the state j” in which they request
the concurrence of the senate.

And tiien he withdrew.

The said resolution was taken up, read and concurred in,
as follows, to wit:

lx tiie House or Representatives, Jan. 7, 1819.

Resolved by the general assembly of the commonwealth oj
Kentucky, That they will on the istl'i day of January proceed
to the election or public printer, and treasurer, and president
and directors of the bank of Kentucky on the part of the com¬
monwealth.

Extract, &c.—Attest, B. S. TODD, C. H. R.

Ordered, That the clerk inform the house of represent¬
atives thereof.

A message from the house of representatives, by Mr;
Baylor :

Mr. Speaker —The house of representatives have passed a
hill from the senate, entitled “an act for the relief of the
sheriffs of Adair, Green and Pendleton counties,” with
amendments, in which they request the concurrence of tli3
senate.

And then he withdrew.

The said amendments were then taken up, read and con¬
curred i:.<.

Ordered , That the clerk inform the house of representatives
thereof.

On the motion of m r. Chambers, leave was given to bring
in a bill further to regulate the town of Germantown, in Ma¬
son and Bracken counties, and Messrs. Chambers, South-

THE SENATE,

gate, Perrin ami Fleming were appointed a committee to
prepare and bring in the same.

A bill from the house of representatives, entitled “ an act
to extend the term of the Christian circuit court, and to alter
the time of holding the Logan circuit court, and for other
purposes,” with the proposed amendments, was taken up,
and the fourth section of the bill read as follows, to wit .

“ That the circuit court for the county of Washington,
shall hereafter sit ou the first Monday in April, the second
Monday in August and the first Monday in November in
every year, and shall at each term sit twelve juridical days,
if the business should require it.”

•Mr. Wickliff moved to strike out therefrom the words

first Monday in April,” and insert in lieu thereof “ the
second Monday in April ;” and the question being taken
thereon, it was resolved in the affirmative—Yeas 17. nays 15 .

The yeas and nays being required thereon by Messrs,
Harrison and Wickliff, were as follows, to wit :

Those who voted in the affirmative, are, mi*. Speaker, and
Messrs. Barry, Bartlett, Bledsoe, Bridges, Churchill, Da-
vidge, Faulkner, Fleming,Given, Hardin, Slaughter, South-
gate, Taylor, Thompson, Wickliff and Wilson.

Those who voted in the negative, are, Messrs. Chambers,
Crutcher, Davidson, Ford, Griffin, Harrison, Johnson,
Jones, Mason, Owens, Perrin, South, Wood, Worthington
•and Yancey.

The bill, with the amendments, was then ordered to he laid
on the table.

An engrossed hill limiting the time for which deputy sheriffs
may continue in office, was taken up and committed to
Messrs. Owens, Jones, Faulk rter, Bridges and Davidge.

A hill from the house of representatives, entitled •< an act
for the benefit of Edward Maxey and John Wilson ; a bill
for the benefit of poor widows ; and a hill for the relief of the
sheriff ot Hardin county ; were severally read a second time.
The former was ordered to be read a third time, and the two
latter engrossed and read a third time.

1 he speaker laid before the senate a letter from the presi¬
dent of the Bank of Kentucky, which was taken up and read
as follows, to wit:

Bank of Kentucky, 7th January 1819.

Siu.—I beg leave through you to inform the senate, that
the shareholders of the Bank of Kentucky met on Monday
last, agreeably to law, and elected on their part the following
•six gentlemen directors of that institution for the ensuing

JOURNAL OF

year, viz. John Brown, Daniel Weisigcr, Alexander J. Mit¬
chell, John Pope, Nathaniel Hart and Benjamin Taylor.

I am, respectfully,

Sir, your most obedient servant,

110 Bt. ALEXANDER, Pres’t.
The honorable the Speaker of the Senate.

And then the senate adjourned.

FRIDAY, January 8, 1810,

The senate assembled.

Mr. Owens presented the petition of sundry citizens, of
Adair county, praying that William Settles may be permitted
to erect a dam (under certain restrictions) across Green
river, in Adair county, where he proposes to erect water¬
works.

Mr. Perrin presented the petition of.sundry stockholders
of the Bank of Cynthiana, praying that the charters of the
independent banks may be amended, so as to render the, priv¬
ate property of the stockholders responsible for the payment
of their notes, in proportion to the stock held by each : also,
to make their notes receivable in the treasury of this state,
in payment of the public dues, and in payment of executions,
in the same manner as the notes of the Bank of Kentucky.

Which were severally read, and referred, the former to
the committee of propositions and grievances, and the latter
to Messrs. Perrin, Southgate, Bledsoe, Chambers and
Thompson, with leave to report by bill or otherwise.

Mr. Jones, from the committee to whom was referred so
much of the lieutenant-governor’s message as relates to re¬
chartering the Bank of Kentucky, made the following re¬
port, to wit:

Tlie committee to whom was referred so much of the lieu¬
tenant-governor’s message as relates to the extension of- the
charter of the Bank of Kentucky, have had the same under
consideration, and beg leave to offer the following resolu¬
tion :

Resolved by the Senate, That it is expedient to pass a law at
the present session of the legislature, to extend the charter
of, or to re-charter the Bank of Kentucky, under certain re¬
strictions.

Which being twice read was made the order of the dav fn*

THE SENATE. lr/

The following bills were reported from the several com¬
mittees appointed to prepare and bring in the same to wit :

By mc. Bartlett—A bill for the benefit of the heirs of John
Marshall, deceased; and a hill to amend the several acts res
pecting the opening of a road from New-Castle to the mouth
of Licking.

By Mr. Owens—A bill authorising an addition to the town
of Burksviile.

And leave was given Mr. Davidge to report a bill to regu¬
late the practice ol the general court in certain cases.

Which bills were severally read the first time, and order-
ed to be read a second time.

The rule was dispensed with, the latter hill read a second
time and ordered to be engrossed and read a third time.

Mr. Owens moved for leave to bring in a hill for the bene¬
fit ot Jereboam Beauchamp, which was referred to the com¬
mittee lor courts of justice.

Engrossed hills, to wit: A bill for the benefit of poor wid¬
ows, and a bill for the relief of Alexander Woodrow, survey¬
or of Jefferson county, were severally read a third time. J
The former was ordered to belaid on the table.

Resolved , That the latter do pass, and that the title he

“ aH act for tIie re li<?f of the surveyors of Jefferson and Gar
rat’d counties.”

Ordered , That the clerk do carry said bill to the house of
representatives, and rccpicst their concurrence.

A bill from the house of representatives, entitled “ an act
for the benefit of Edward Maxey and John Wilson,” was
read a third time.

Resolved, That the said bill do pass, and that the clerk in¬
form the house of representativ es thereof.

The senate received a message in writing from the lieu¬
tenant-governor, by Mr. Waggoner, which v as taken up and
read as follows, to wit:

Gentlemen of the Senate,

I nominate for your advice and consent, Benjamin Mills
circuit judge, to preside in the 11th judicial district, in the
place ol Samuel M’Kce, resigned.

Silas M. Noel, circuit judge, to preside in the 4th judicial
district, in place of Henry Davidge, resigned.

T GABm SLAUGHTER.

January 8th, 1819 .

And then the senate adjourned.

JOURNAL OF

SATURDAY, January 9, 1819.

The senate assembled.

Mr. Barry, from the committee for courts of justice, made
the following report, to wit:

The committee for courts of justice have according to or¬
der had under consideration the motion for leave to bring in
a bill for the relief of Jeroboam Beauchamp, and have come
to the following resolution thereupon, to wit:

Resolved, That leave ought not to he granted to bring in
saiil bill.

Which being twice read was concurred in.

Also a bill for the relief of Francis and Sandefur Petty,
without amendment.

Ordered, That said bill be engrossed and read a third
time.

The following bills were reported from the several com¬
mittees appointed to prepare and bring in the same, to wit;

By .Mr. Davidge—A bill for the benefit of. Samuel May.

Br. Mr. Owens—A bill to amend and reduce into one the
several acts authorising the change of venue in civil cases.

And by Mr. Johnson—A bill to create a fund for the pur-,
poses of education.

Which were severally read the first time.

The rule being dispensed with, they were road a second
time; the former ordered to be engrossed and read a third
time, and the two latter committed to a committee of the
whole house on the state of the commonwealth.

Leave was given to bring in the following bills, to wit:

On the motion of Mr. Barry—1. A bill to incorporate the
Lexington Athenamm.

On the motion of Mr. Bledsoe—2. A bill to amend the law
concerning mill-dams.

On the motion of Mr. Given—3. A bill to establish an
academy in the county of Livingston.

And on the motion of Mr. Faiilkner—4. A hill to raise a
fund for the education of poor children in this common¬
wealth.

Ordered, That Messrs. Barry, Bledsoe, Taylor and Thomp¬
son be appointed a committee to prepare and bring in the
first; Messrs. Bledsoe, Davidge, Barry, Yancey ami Church¬
ill, the second; Messrs. Given, Slaughter, Worthington and
Johnson, the third ; and Messrs. Faulkner, Barry, Davidge,
Taylor, Owens, Southgate and Churchill, the fourth.

Mr. Barry, from the first committee, reported a bill, which
was read the first time. The rule being dispensed with, ri
was read a second and third time (having been engrossed).

Beared, That the said bill do pass, and that the title "be
“an act to incorporate the Lexington Athenseum.’*

Ordered, That the clerk do carry said bill to the house of
. representatives, and request their concurrence.

Mr. Davidge, from the committee appointed to wait on the
lieutenant-governor, and request him to return the nomina¬
tion ofUrbin Ewing, sheriff of Logan county, reported that
they had performed that duty, and received for answer, that
he had not acted further on the occasion, and that he consid¬
ered the nomination to be still before the senate to he acted
upon.

Ordered, That the said nomination be committed to a com¬
mittee of the whole house for Tuesday next.

Mr. Davidge read and laid on the table the following rcso>-
lution, to wit:

JlcsoLved by the general assembly of the commonwealth of
Kentucky, That it is expedient to divide the public printing of
this commonwealth; and that the legislature hereafter, in
electing public printers, will proceed to elect one to print the
journals of the house of representatives, the bills for the two
houses during the session of the legislature, the lists of non¬
residents’ land, and all public advertisements which arc di¬
rected by law to he inserted in the paper of the public print¬
ers; and secondly, to elect another, who shall print the jour¬
nal of the senate, the annual volume of laws, and all blanks
for public offices.

A bill to incorporate the Southern College of Kentucky,
was read a second time, amended at the clerk’s table, and or¬
dered to be engrossed and read a third time.

Mr. Johnson, at 5 minutes past 1 o’clock P. M. moved an
adjournment; and the question being taken thereon, it was
resolved in the affirmative—Yeas 1 ( 5 , nays 8.

J lie yeas and nays being required thereon by Messrs.
Crutcher and Southgate, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Barry, Churchill, Davidge, Davidson, Faulkner,
Fleming, herd, Given, Hardin, Johnson, M&son, Slaughter,
Soul ligate, Taylor and Thompson.

Those v ho voted in the negative, are, Messrs. Bartlett,
Crutcher, Harrison, Owens, South, Wickliff, Wood and
Yancey.

Ihe senate stood adjourned accordingly until Mondav
Enorning 10 o’clock.

MONDAY, Januahy 11, 1819.

The senate assembled.

Mr. Yancey, from the joint committee of enrolments, re¬
ported that they had examined an enrolled resolution and
sundry enrolled hills, of the following titles : A resolution
fixing on a day on which to elect a treasurer, public printer,
and a president and directors of the Bank of Kentucky on
the part of the state ; an art for the benefit of Nathaniel
Tucker; an act erecting an election precinct in Nelson coun¬
ty; an act for the benefit of the widow of Peter Bodine, and
for other purposes ; and had found the same truly enrolled.

A message from the house of representatives, by Mr.
Beall:

Mr: Speaker —The speaker of the house of representatives
having signed an enrolled resolution and sundry enrolled
bills, 1 am directed to lay the same before the senate, for the
signature of their speaker.

And then he withdrew.

Whereupon the speaker signed said bills and resolution,
being the same reported by xir. Yancey to-day, and they
were delivered to the joint committee, to be presented to the
lieutenant-governor for his approbation.

Mr. Perrin, from the committee appointed for that pur¬
pose, reported a bill further to regulate the town of German¬
town, in the counties of Mason and Bracken.

And leave was given Mr. Bartlett, to report a bill to amend
the acts regulating the towns of Miilersburg, Paris, Bairds*
town, and for other purposes, approved February 4, 1817.

"Which were severally read the first time.

The rule being dispensed with, the former bill was read a
second time and ordered to be engrossed and rfe’ad a third
time.

The latter was ordered to be read a second time.

A message from the house of representatives, by Mr.
Booker:

Mr. Speaker —The house of representatives have passed a
bill entitled “ an act concerning commonwealth’s attornies
in which they request the concurrence of the senate.

And then he withdrew.

A message from the house of representatives, by Mr.
J. Green:

Mr. Speaker —The house of representatives have passed a
bill entitled “ an act to incorporate the trustees of the Gen-

120

JOURNAL OF

THE SENATE.

321

fre College of Kentucky at Danville in which they re¬
quest the concurrence of the senate.

Anil then ho withdrew.

The said bill was then taken up, read the first time and
ordered to he read a second time.

Mr. Harrison read and laid on the tabic the following me¬
morial and resolution, to wit:

A memorial to Congress in behalf of Christopher Miller.

TL he legislature ol Kentucky cannot view the present hap¬
py state and condition of their country, as its respects her
being secured frdui iorcign invasion, without looking hack,
and inquiring how, and by what means she has attained this
high, dignified and honorable station : In doing which, she
discovers herscll justly indebted m gratitude to many worthy,
men who are no more; hut the eye falls upon one, Christo¬
pher Miller, who. is yet living, and who has never been no¬
ticed by the general government; to whom they conceive
she is greatly indebted, not only upon the principle of reward¬
ing real merit, but upon the score of justice, founded on a
promise made by a man on the part of the United States, or:
whose promise Christopher Miller had a right to rely.

In the year IT 8.5, Christopher Miller,, of Ilardin county,
in the state of Kentucky, was taken prisoner by the Indians,
who was then about l o years of age; he remained a prisoner
Vit.i them till the year 1/94, when he was taken from them
by the spies of general Wayne. No sooner did he find him¬
self in the midst of his brothers of America, than that spark
ol love ot country, which had been almost extinguished by
savage habits, hurst into a flame, and he tendered ids, services
to the general, as one ot lies spies. In this character he acted
tor some time, going into the environs "of the towns- of the
enemy, taking prisoners from his old masters, and bringing
tiiem to his general. At length ir became necessary to send
another Hag to the enemy, several having been sent and none
returned. 1 he eyes ol the board of officers were turned to
•Miller ; he was applied to hv the general, with an assurance
ii ne would undertake the (ask, and should succeed in the un-
dertaking, he-should receive from his government an inde¬
pendent fortune. The agreement is made—the embassador
sets out the anxious eyes ol Ins countrymen follow him, but
scarcely a gleam of hope' is left I hem that he will ever return:
Lot to tneir great joy, he performs Abe undertaking—fin¬
ishes the task effects the objects ofliis mission, and on the
fourth (lav returns to Ins general. Peace is concluded—the
shedding of human blood is thereby stopped. Wayne is no^

1'22‘ • JOURNAL OF '

no more—Miller still lives, but lias a family of ■promising;-
children, is poor, and has never received any compensaLion
for his services. We are told that application was once made
to congress for him, but Tor the want of proot in support ol
the facts alleged, no allowance w as made. r l he legislature
of Kentucky having at their present session members of then-
own body who know the lacts herein stated to be true, have
thought it their duty 1 to interfere in .behalf of one of their
countrymen ; and pray your honorable body to make such
provision by law for tiic said Christopher Miller, as you ir>
your wisdom may think just.

Ttesolved by the general assembly of the commonwealth oj
Kentucky, That the acting governor of Kentucky be request¬
ed to transmit copies of the foregoing memorial to each <>t our
senators and representatives from the state of Kentucky in
the congress of the. United States, -and that -they be directed
to lay the same before congress, and use their Lest exertions
to have it acted upon during the present session.

And thereupon the rule being-dispensed with, it was taken
up, read and unanimously adopted.

Ordered, That Mr. Harrison acquaint the house of repre¬
sentatives therewith, and request their concurrence.

A message from the house ol representatives, by Me.
Todd, their secretary:

Jlr. Speaker —The house of representatives disagree to a
hill from the senate, entitled *■ an act lor the. benefit ol Hanie,
Trabue They have passed a b'ri! from the senate, entitled
« an act allowing further time to-survey head-right claims,
with an amendment; and they have passed hills ol the fol¬
lowing titles : An act for the benefit of the devisees of John
Curd and the heirs of Price Curd ; an act to prescribe the
proceedings against hanks and other incorporations that may
forfeit their charters; an act for the benefit of the. heirs ol
•Adam Woods, deceased; and an act authorising Walter
Preston to convey certain lands within this commonwealth ;
in which amendment and bills-they request the concurrence
of the senate.

And then he withdrew.

The amendment proposed by the house of representatives
to the bill entitled “ an act allowing further time to survey
head-right, claims, .was taken up, read and concurred in.

Ordered, That the clerk inform the house of representatives
thereof.

The senate then, according to the standing ordcrof the day.
resolved itself into a committee of. the w hole house on the
state of the commonwealth, Mr. Crutcher in tlic chair; and

THE SENATE, 1£S

after some time spent therein, Mr. Speaker resumed the
chair, and Mr. Chitchbr reported, that the committee hud
according to order taken into consideration several resolu¬
tions concerning banks, and had made some progress therein,
hut not having time to go through the -same, had instructed
him to move for leave to sit again.

A message from the house of representatives, by Mr.
A. Butler:

Mr. Speaker —The house of representatives have passed a
hill entitled “ an act for the erection of a new county out of
the counties of Logan, Warren and Allen in which they re¬
quest the concurrence of the senate.

And then he withdrew.

The nomination of Benjamin Mills, as judge of the. 11th
judicial district, was taken up and read ; and it was unanim¬
ously resolved that, the senate advise and consent thereto.

Ordered, That Messrs. Churchill and Davidson acquaint
the lieutenant-governor therewith.

The nomination of Silas M. Noel, as judge of the 4tb judi¬
cial district, was taken up, read, and the question being ta¬
ken on advising and consenting thereto, it was resolved in"
negative—l eas i t, nays' 20.

The yeas and nays being required thereon by Messrs.
Crutcher and Yancey, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Churchill, Davidson, Eve, Faulkner, Ford, Griffin,
Mason, Thompson, Wilson and 'Worthington.;

Those who voted in tlie negative, arc, Messrs. Barry,
Bartlett, Bledsoe, Chambers, Crutcher, Davidge, Fleming,
Given, Harrison, Johnson, Jones, Owens, Perr in, Slaughter,
South, Southgate, Taylor, Wick!iff, Wood-and Yancey.

llesolved. That the senate do not adv ise and consent tosaid
nomination.

Ordered, That Messrs. Churchill and Davidson acquaint
the lieutenant-governor therewith.

And then the senate adjourned.

TUESDAY, January 12, 1819.

■ The senate assembled.

Mr. Churchill presented the petition of James Caldweii
and other's, praying relief against two judgments obtained by
the commonwealth fortho revenue tax for ihc years 1793-4,
due hum JJen. Pope, former sheriff of Nelson county.

124 JOURNAL OR

■

Which was read and referred to Messrs. Churchill, Ford,
Crutcher, Wickliff and Bridges, who have leave to report by
hill or otherwise,

Mr. Yancey, from the joint committee of enrolments, re¬
ported that the committee had laid before the lieutenant-gov¬
ernor the enrolled bills and resolution last signed by the
speakers of both houses. That they had examined sundry en¬
rolled bills, of the following titles : An act concerning the
sergeant of the court of appeals; an act allowing further
time to survey certain claims; and an act for the relief of the
sheriffs of this commonwealth ; and found Use same truly en¬
rolled.

A message from the house of representatives, by Mr.
Todd:

Mr. Speaker —The house of representatives have,adopted
a resolution tocause the erection of tomb-stones over the re¬
mains of the late generals George Rogers Clark and Charles
Scottin which they request the concurrence of the sen¬
ate.

And then lie withdrew.

Which being read was laid on the table.

The following bills were reported from the several commit¬
tees appointed to prepare and bring in the same, to wit :

By Mr. Bridges—A bill authorising the Mercer county
court to dispose of part of their public ground.

By Mr. Mastm-—A bill for the benelit of James Sammons,
ofEstill comity.

And by sir. Given—A bill establishing an academy in the
county of Livingston.

Which were severally read the first time.

The rule being dispensed with, they were read a second
time and ordered to be engrossed and read a third time.

The rule was again dispensed with, and the. first (being en¬
grossed) was read a third time.

Resolved, That the said bill do pass, and that the title be

an act authorising the Mercer county court to dispose of
part of their public ground.”

Ordered, That the clerk do carry said hill to the house of
representatives, and request their concurrence.

An engrossed bill to incorporate the Beech Fork Naviga¬
tion Company, was taken lip; and Mr. Wickliff moved to
add the following section, by way of cyder, to wit:

■ And be it further enacted, That the treasurer of this com¬
monwealth shall be authorised to subscribe one hundred and
fifty shares; which money shall be paid as collected <Vosn

THE SENATE. l2g

other stockholders ; am! Urn treasurer for the time bcin* shall
have a right to vote, according to such shares, i„ „ Pl .so» 01 .
by proxy appointed by hint, and shall receive the dividend
troin time, to time, which said company bind themselves shall
not be less than eight per centum per annum.

And the question being taken thereon, it was resolved in
the negative—Yeas 7, nays 21.

~ m !,." a - vs ,lcil1 S teqnired thereon by Messrs.
W ickhft and Griffin, were as follows, to wit:

Those who voted in the affirmative, are. Mr. Speaker, and
Messrs. 15ridges, Crutcher, Johnson, Taylor, Wickliff and
Worthington.

t hose who voted in the negative, arc, Messrs, fiartldt,
Bledsoe, Chambers, Churchill, Davidgc, Fleming, Ford,
Ortven, built, Harrison, Jones, Mason, Owens," Ten in,
slaughter, South, Southgate, Thompson, Wilson, Wood and
iancey.

And so the said amendment was rejected.

Resolved, That the said bill do pass, and that the title be
‘mm act to incorporate the Beech Fork Navigation Cornpa-

Ordered, That Mr. Wickliff do carry said hill to the house
ol representatives, and request their concurrence.

_ ^ niessa S e h 'oni the house of representatives, by .Mr.
M?MiHan:

J\Tr. Speaker—The house of representatives have passed a
bill tromtlfc. senate, entitled « an,act to release tlib state’s
claim to salt water in certain cases.”

And then he withdrew.

Mr. Fleming moved for leave to bring in a hill for the ben¬
efit ol the heirs oi Israel Tolly, deceased: which was refer¬
red to the committee for courts of justice.

Leave was given to bring in the following hills, to wit •

On the motion of Mr. Given—A bill to explain the fees of
sheriffs in certain cases.

And on the motion of Mr. Wilson—A bill for the relief of
James Harkins.

Ordered, That Messrs. Given, Bledsoe,; Worthington, Bav-
nlge and W ilson be appointed a committee, to prepare and
bring in the former; and Messrs. Wilson, Worthington, 1
Given, .Slaughter and Yancey, Lao latter.

i he senate then, according to t'oc standing order of tiic
day, resolved itself into a Committee, of the whole house m>
tlie state ol (lie commonwealth, xir. Ford in the chair ; and
alter some time -m.,t therein, mi-. Speaker resumed the chair,

and mi'. Ford reported, that (lie committee had according to
order taken under consideration the nomination of Urbin
Ewing as sheriff of Logan county, and (ho resolution of (lie
committee for courts of justice thereon, and had gone through
the same without amendment, which he handed in at the

clerk’s table. . , , •

Mr. Owens moved to amend the resolutions, oy substitut¬
ing the following in lieu thereof:

ft appearing to (lie satisfaction of the senate, from the re¬
cord of the county court of Logan, that they did not, agree¬
able (o the provisions of the constitution, at their September,
October or November term last, (the time of the sheriff ot
Logan county being about (o expire) recommend liyool (heir
own body to fill the office of sheriff, having a due regard t<»
seniority and rotation in office: and it appearing that Kcu-
acn Browning, the first, person named in the recommendation,
voted for himself: Wherefore,

Resolved by ihc Senate, That (hey do advise and consent to
(he commissioning Urbin Ewing as sheriff of Logan county.

And the question being taken thereon, it was resolved in
the negative—Yeas 14, nays 18.

The yeas and nays being required thereon by Messrs.
Griffin and Owens,'were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Bridges,
Churchill, Crutcher, Davidson, Faulkner, Given, Griffin,
Harrison, Mason, Owens, Slaughter, Wiekliff, ^Wilson and
Worthington.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Barry, Bartlett, Bledsoe, Chambers, Davidge, Eve,
Fleming, Ford, Johnson, .Tones, Perrin, South, Southgate,
Taylor, Thompson, Wood and Yancey.

And so the said amendment was rejected.

The question was then taken on agreeing to the resolutions
reported by the emumiltee for courts of justice, and it was re¬
solved in the affirmative—Yeas 13, nays 14.

Xho veas and nays being required (hereon by Messrs.
Bledsoe and Yancey, were ns follows, to wit :

Those who voted'in the affirmative, are, Mr. Speaker, and
Messrs. Barry, Bartlett, Bledsoe, Chambers, Davidge, Eve,
Fleming, Ford, Johnson, Jones,.Perrin, South, Southgate,
Taylor, Thompson, Wood and Yancey.

Those who voted in the negative, are, Messrs. Bridges,
Churchill, Crutcher, Davidson, Faulkner, Given. Gridin,
Harrison, Mason, Owens, Slaughter, Wickjiff, Wilson, and
Worthington.

JOURNAL OF

v THE SENATE.

19.7

Resolved, That the senate do not advise and consent to the
said nomination.

Ordered, That Messrs. Slaughter and Worthington acquaint
the lieutenant-governor therewith. b ' 1 ‘ 1

The resolution for a division of the. public printing
taken up, read, and Mr. Owens moved to add the followin'*
amendment thereto: *• And that hereafter nothin- shall be
allowed the public printers for office rent.”

And then the senate adjourned.

WEDNESDAY, January 13, isiy.

The senate assembled.

Mr. Barry presented the petition of sundry citizens of

ft ( I'\ , I n ' a M"S ™ at a law may pass incorporating:'

the Eddyville Steam-Milt company.

Which was read and referred to the committee of proposi¬
tions and grievances. 1

A'" essa S c from the house of representatives, by Mr
M Millan : J

Mr, Speaker —Tlie speaker of the house of representatives*
Irom indisposition, being unable to attend, they have elected
Martin D. Hardin, Jksq. speaker pro tem .

And then he withdrew.

A message from the house of representatives, bv wr
Hunter: *

. Ir. Speaker 1 he speaker of the house of representatives
having signed sundry enrolled bills, I am instructed to lay
tlie same before the senate, for the signature of their sneaker;

And then he withdrew.

Whereupon (lie speaker signed the. said bills, being (ho
same reported yesterday by mi:. Yancey, and they were de¬
livered to (he. joint committee, to be presented to the lieu¬
tenant-governor for his approbation. And after a short
time, Mr. Yancey reported that they had performed that
duty.

I . 1 ' (,!n t,le committee of privileges and elections,
made the toll owing report, to wit:

Tlie committee of privileges and •elections have had under
consideration the slit-rills’ returns from the several senatorial
districts*, and do report tlie following gentlemen elected:
pvr'mr i 8 -' senatorial district, composed of the counties,
ol V oodlord and Jessamine, William B. Blackburn.

JOURNAL OF.

> district composed of the counties oi I' rank*
Henry Davidgc.

I district, composed of the counties of Lincoln
James Davidson.

i district, composed of the county of Shelby,

i district, composed of thy counties of Harri-
i, Josephus Perrin.

il district, composed of the county of Madi-

J Logan,

„iP.d of the counties of Muh-

t, composed of the counties of I lcm-

asioned by the resignation oi James Parks*
of the public printing, was
u'estion being taken thereon, it was rc-
i —Yogs 15, nays 16.

•equired thereon by Messrs,
were as follows/ to wit

Mr. Speaker, and
1. Crutcher, Davidgc,
!, Jones. Mason, Owens,

Messrs. Barry,
Harrison, Johnson, Per-
Wickliff, Wilson,

From the 24th district, composed of the county o
Thomas S. Slaughter.

From the 2Srd district, cotnpo:
lenhurg, Hopkins and Union, William Worthington.

From the 3rd district, composed of the counties of Flem¬
ing andvNiclmlas, William P. Fleming, to serve for one year
in the vacancy odes

The resolution for the division
taken up : and the e,
solved in the negative

The yeas' and nays being r
Yancey and Chambers

Those who voted in the. affirmative, are
Messrs. Bartlett, Bridges, Churchill
Davidson, Eve, Faulkner, Criftitr
Slaughter and Worthington.

Those who voted in the negative, are,

Chambers, Fleming, Fold, Given, I.

rin, South, Southgate, Taylor, Thompson,

Wood and Yancey.

And so Ihc said resolution was rejected
Mr. .Davidgc, from the committee ot
grievances, made the following report- to v
The committee of propositions and gri
cording to order had under consideration
and have come to the billowing resolutions, thereupon. t<

wjt: •

'Resolved, That the petition of sundry citizens of C-hristiai
county, respecting the navigation <>!' Pond river, he rejected.

Resolved, That the petition of Elias Smith, praying that i
law may he passed prohibiting Ur' navigators of Pond rive
from building boats so large as to injure or break down hi
bridge, be rejected. ' _

Which being twice read, the former resolution was order
ed to be laid on the tabic, and the latter, was concurred in.

THE SENATE.

Mr. Davidge, from said committee, also reported a bill
providing for the navigation of Pond river ; which was read
the first time, and ordered to be read a sedond time.

Ordered, That a message be sent to the house of represent¬
atives, to inform them that the senate are now ready, by a
joint vote with the house of representatives, to proceed to the
election of public printer, treasurer, and a president and di¬
rectors to the Bank of Kentucky; and that the following
persons stand on nomination before the senate, to fill the x - es-
pective offices, to wit:

For public printers—Kendall and Russells, and Moses 0.
Bledsoe.

For treasurer—Samuel South and James J. Miles.

For president—Robert Alexander.

For directors—Willis A. Lee, Oliver G. Waggencr, Rich¬
ard Taylor, George M. Bibb, John W. Wooldridge, William
Gerard, Peter Dudley, Robert S. Todd and Achilles Sneed.

And that Mr. Fleming do carry said message.

A message from the house of representatives, by Mr.
Booker:

Mr. Speaker —I am directed to inform the senate, that the
house of representatives are now ready, by a joint vote with
the senate, to proceed to the election of public printers, treas¬
ure] 1 , president and directors to the Bank of Kentucky on
the part of the state ; and that the same gentlemen stand on
the nomination before that house, for the respective offices,
as reported from the senate.

And then he withdrew.

The senate then proceeded in the said elections ; and sep¬
arate votes being taken, Messrs. Owens and Yancey were
appointed a committee on the part of the senate, to meet a
committee on the part of the house of representatives, to ex¬
amine and compare the different polls, and to report to their
respective houses the state of the votes.

The committee retired, and after some time returned, when
Mr. Oweus reported that the vote for public printer stood
thus :

Fop Kendall and Russells, 90

Moses 0. Bledsoe, 26

For treasurer, thus:

For Samuel South, 113

James J. Miles, 6

That Robert Alexander had received a unanimous vote as
president of the Bank of Kentucky.

, ' .

i 1 f ' <j ' 1 j

JOURNAL OF

ISO

And that for directors, the joint vote stood thus : For Wil¬
lis A. Lee, 92; Oliver G. Waggoner, 92; Richard Taylor?
86 ; George M. Bibb, 94 ; John W. Wooldridge, 51 ; Wil¬
liam Gerard, 51; Peter Dudley, 102; Robert S. Todd, 83 j
Achilles Sneed, 65.

Whereupon Mr. Speaker declared Messrs. Kendall and
Russells elected public printers ; Samuel South, treasurer;
Robert Alexander, president of the Bank of Kentucky ; and
Peter Dudley, George M. Bibb, Willis A. Lee, Oliver G.
Waggoner, Richard Taylor and Robert S. Todd, directors
on the part of the state.

Ordered, That Messrs. Owens and Yancey, in co-operation
with the committee on the part of the house of representa¬
tives, inform the lieutenant-governor that Samuel South?
Esq. is duly elected treasurer of this commonwealth for the
ensuing twelve months.

Engrossed bills, to wit: A bill' further to regulate the
town of Germantown, in the counties of Mason and Bracken?
and a bill to incorporate the Southern College of Kentucky,
were severally read a third time, and the blanks in the latter
filled.

Resolved, That tlie said bills do pass, and that the titles
be, respectively, “an act further to regulate the town of
Germantswn, in the counties of Mason and Bracken,” and
“ an act to incorporate the Southern College of Kentucky.”

Ordered, That Mr. Johnson do carry said bills to the house
of representatives, and request their concurrence.

A message from the house of representatives, by Mr.
Worthington;

Mr. Speaker —The house of representatives have passed a
bill entitled “ an act for the benefit of John Woods, of Mer¬
cer county;” in which they request the concurrence of the
senate.

And then he withdrew.

Mr. Johnson, from the select committee to whom was re¬
ferred a bill concerning the duties of the register of the land-
office, reported the same with an amendment, which together
with the bill was ordered to be laid on the table.

Mr. Given, from the select committee appointed for that
purpose, reported a bill to explain the fees of sheriffs in cer¬
tain cases ; which was read the first time and ordered to be
read a second time.

And then the senate adjourned.

THE SENATE, m

THURSDAY, January 14, 1819.

The senate assembled.

Mr. Barry presented tlie petition of John Woods, of Mer¬
cer county, representing that at the last September term of
the Mercer circuit court, he was appointed by said court to
act as an elisor, on the trial of Samuel Daviess, for which
said court made him an allowance for his services j but that
ao law exists providing for his payment; and praying that a
law may pass directing the payment of the allowance made
to him as aforesaid.

Mr. Bledsoe presented the petition of sundry citizens of
Bourbon county, praying the erection of an election precinct
•in said county.

Which were severally read ; the former was ordered to be
laid on the tablo, and the latter referred to the committee of
propositions and grievances.

A message from the house of representatives* by Mr«
(Coombs :

Mr. Speaker— The house of representatives have unanim¬
ously adopted-a. memorial and resolution respecting Christo¬
pher Miller.

And then he withdrew.

The senate received messages in writing from the lieu¬
tenant-governor, by Mr. Waggoner, which were taken up
and read as follows, to wit:

Oentlemen of the Senate.

Samuel South, the treasurer elect, tenders the following
gentlemen as his securities for the (aithlul discharge ol the
duties of his office for the current year. Jl'hey are submit¬
ted to you for your approbation, viz. George M. Bibb,
JephthahDudley, Charles S. Todd, John i. ; • Francis

?. Blair, Peter Dudley, Benjamin South, Hi. ‘ "ay lor,
sen. and Willis A. Lee.

GABt. SLAUGHTER.

January 14th, 1S19.

Gentlemen of the Senate,

I nominate for your advice and consent, John Rowav megs
of the court of appeals, to fill the vacancy occasioned by tins
resignation of the honorable William Logan.

John P. Oldham, circuit judge, to preside in the 5th r. -
cial district, in place of Alfred Metcalfe, resigned.

GABiu SLAUGHTER.

January 14tb, 1819.

*3* JOURNAL OF

Resolved, That the senate approve of the securities tender¬
ed by the treasurer; that they advise and consent to the nom¬
inations of John Rowan as judge of the court of appeals, and
John P. Oldham as judge of the 5th judicial district.

Ordered, That Messrs. Jones and Perrin acquaint the lieu¬
tenant-governor of the approval of the securities of the treas-
orer, and Messrs. Wickliff and Crutcher, of the judges.

J he senate received information by' Air. aggencr, that
the lieutenant go\ ernor did on to-day approve anil sign sun¬
dry enrolled bills which originated in the senate, of the fol¬
lowing titles, to wit : An act allowing further time to sur¬
vey certain claims ; an act for thp relief of the sheriffs of this
commonwealth; and an act concerning the sergeant of the
court of appeals.

thcre^f™^’ c ^ el ’k inform the house of representatives

Mr. Churchill, from the committee.appointed for that pur¬
pose, reported a bill for the benefit of James Caldwell and
others; which was read the first time and ordered to be read
a second time.

Engrossed bills, to wit : A hill providing for the appoint¬
ment and compensation of common wealth’s attornics for the
circuit courts; a bill to authorise the trustees of the presbyte-
Xian meeting-house and lot in Paris to sell the-same ; a bill
providing for a change of venue in the case of Francis and
bandefur 1 etty ; a bill for the benefit of the sheriff of Har¬
din county; a bill for the benefit of Samuel May; a bill to
regulate the practice of the general court in certain cases ; a
ill tor the benefit of James Sammons; and a bill establisfi-
•ing an academy in the county of Livingston ; were severally
read a third time. 1

The question being taken on the passage of the first, it was
resolved in the affirmative—Yeas 19, nays 13 .

Tlie yeas and nays being required thereon by Messrs.
Jones and Harrison, were as follows, to wit:

Those who voted in the affirmative, are, M r. Speaker, and

rS' 1 i n ry ' , l Ba ^ Bledsoe ’ Bridges, Chambers,
Churchill, Havidge, Lve, Faulkner, Gridin, Johnson, Jones,
Perrin, Slaughter, Southgate, Taylor, Thompson and Yan-
C6y •

V ° tcd i” tl ,‘ e ne S ative > * rc > Messrs. Crutcher,

South wirt \T"&F 0r \? lVC "> Harri90 "’ Mason, Owens,
South, W iihfiff, Wilson, Wood and Worthington.

Resolved, That the said hills do pass, and that the titles be

respectively, « an act providing for the appointment and

THE SENATE;

153

compensation of commonwealth’s attornies for the circuit
courts; an act to authorise the trustees of the presbyterian
meeting-house and lot in Paris to sell the same ; an act pro-
vidingl'or a change of venue in the case of Francis and San-
defur Petty ; an act for the benefit of the sheriff of Hardin
county ; an act for the benefit of Samuel May ; an act to reg¬
ulate the practice of the general court in certain cases ; an
act for the benefit of James Sammons ; and an act estab¬
lishing an academy in Ihe county of Livingston.”

Ordered, That Mr. Bledsoe do carry the first and second,
mi*. Owens the third, and the clerk the remainder, to the
house of representatives and request their concurrence.

A bill from the house of representatives, entitled ‘* an act
to incorporate the trustees of the Centre College of Ken¬
tucky, at Danville,” was read the second time and laid on the
table.

The following hills were severally read a second time, to
wit: 1. A bill authorising an addition to the town ofBurks-

ville ; 2. a hill to prohibit the exportation of slaves for sale ;
3. a bill to establish a new judicial district; 4. a bill for the
benefit of the heirs of John Marshall, deceased ; 5. a bill to
amend the several acts respecting the opening a road from
New-Castlcto the mouth of Licking; 6. a bill to explain the
fees of sheriffs in certain cases ; 7. a bill to amend the'act
regulating the towns of Millersburg, Paris, Bairdstown, and
for other purposes, approved February 4, 1817 ; and 8. a bill
providing for the navigation of Pond river.

The first was committed to Messrs. Owens, Fleming, Dav¬
idson, M ood and Johnson ; the second, to Messrs. Fleming,
Faulkner, Mason, Barry, Bledsoe. Davidgc, Jones and
Thompson ; the third, to Messrs. Johnson, Crntcher, Wick-
liff, Worthington, Slaughter, Hardin, Wilson and Owens;
the fourth, to Messrs. Barry. Bartlett and Davidge; and the
fifth, to Messrs. Bartlett, Davidgc, Southgate, Ford and
Churchill.

The sixth was ordered to be engrossed and read a third
time.

The rule being dispensed with, the seventh and eighth
were severally read a third time (having been engrossed).

Resolved, That said bills do pass, and that the titles be,
respectively, *< an act to amend the acts regulating the towns
of Millersburg, Paris, Bairdstown, and for other purposes,
approved February 4, 1817,” and <! an act providing for the

154 JOURNAL OF

Ordered, That the clerk do carry said bills to the house of
representatives, and request their concurrence.

The bill from the house of representatives, entitled « an act
concerning commonwealth’s attornies,” was taken up.

And then the senate adjourned.

FRIDAY, January 15, 1819.

The senate assembled.

Mr. Barry presented the petition of the justices of Wood¬
ford county, representing that Francis Feart, of said county*
devised to them a large real and personal estate, for the bene-
ait of a school; and praying that a law may pass to incorpo¬
rate a school, conformably to the intentions of the testator*
under the provisions of said will, and to release the claim of
the commonwealth (if any exists) to the estate devised.

W Inch was read and referred to Messrs. Barry, Bridges,
Da ridge, Johnson, Owens and Churchill, with leave to report
t>y hill or otherwise.

Mr. Davidge, from the committee of propositions and
grie vances, made the following report, to wit:

The committee of propositions and grievances have ac¬
cording to order had under consideration the petition of Wil¬
liam Settles, of Adair county, praying leave to erect a dam
i'or a mill, across Green river, and have come to the follow¬
ing resolution thereon, to wit:

Resolved, That the said petition be rejected.

V\ Inch being twice read was concurred in.

The nomination ot Thomas Smith, as major of the 9th
regiment, was taken up ; and Mr. Faulkner, from the select
committee to whom the nomination w as referred, made the
following report, to wit:

The select committee to whom was referred the nomina¬
tion of 1 bomas S. Smith, as major to the 9th regiment of
Kentucky militia, have had the same under consideration,
and have come to the following resolution thereon, to wit:

Resolved, 1 hat the senate do advise and consent to said
nomination.

Which being twice read was unanimously concurred in.

0rde ™d, That Messrs. Faulkner and Owens acquaint the
lieutenant-governor therewith.

1 lie nomination of Mason Singleton, colonel of the 9th
regiment, was taken up, and committed to Messrs. Faulkner*

THE SENATE.

South, Owens, Jones, Davidson, Thompson, Perrin and Grif-

Mr. 'Wieldiff read and laid on the table the following reso¬
lution, to wit:

Information having" been received of the death of general
Matthew Walton, it is with the deepest regret we have learn¬
ed the fatal event which lias deprived the commonwealth of a
respectable and useful citizen : Therefore,

Beit resolved by the general assembly of the Commonwealth
of Kentucky, That the members of each house wear erape on
the left arm thirty days, in memory of general W alton.

And thereupon the rule being dispensed with, the said reso
iution was taken up, read and adopted.

Ordered , That Mr. Wickliff acquaint the house of repre ¬
sentatives therewith,- and request their concurrence.

Mr. Churchill, from the committee appointed for that pur¬
pose, reported a bill authorising the appointment of port-
wardens for the county of Jefferson.

And leave was given Mr. Bledsoe to report a bill further
regulating North Middletown, in Bourbon county.

Which were severally read the first time.

The rule being dispensed with, they were severally read
a second time.

The former was committed to Messrs. Chambers, Church¬
ill, Southgate and Given ; and the latter to Messrs. Bledsoe,
Owens, Taylor and Fleming.

Ordered, That Messrs. Fleming and Bridges be added to-
the committee appointed to prepare and bring in a bill to
amend the act concerning mill-dams.

The senate received a message in writing from the lieuten¬
ant-governor, by Mr. W aggerter, containing certain nomina¬
tions, to wit:

Gentlemen of the Senate,

Since the last session of the general assembly, sundry va¬
cancies have taken place in the military and civil depart¬
ments. Those vacancies, except in a lew instances of recent
date, have been filled by appointments which will expire with
the present session.

i therefore nominate for your advice and consent, the fol¬
lowing gentlemen, to he commissioned during good behaviour,
viz.

IN" THE MILITARY DEPARTMENT.

George H. Briscoe, colonel of the 4Sd regiment, in place of
Richard Davenport, who was promoted.

li;

—i1

. K
,: '*<

JOURNAL OF

TVilliam Miller, lieutenant colonel of the same regiment*
in place of George Briscoe, promoted.

Lemuel Dunn, major of the same regiment, in place of
William Miller, promoted.

William Sale, major of the 51st regiment, in place of
Thomas Wool folk, promoted.

William L. Sands, lieutenant colonel of the 23d regiment,
in place of James Hambright, resigned.

Eli Briant, major of the same regiment, in place of Wil¬
liam L. Sands, promoted.

Thomas Jameson, jun. lieutenant colonel of the 34th regi¬
ment, in place of Samuel Goodwin, resigned.

Jeremiah C. Orear, major of the same regiment, in place
of Thomas Jameson, jun. promoted.

Robert Matson, colonel of the 14th regiment, in place of
Willoughby Sandford, resigned.

James M. Cogswell, lieutenant colonel of the same regi¬
ment, in place of Robert Matson, promoted.

Levi Crose, major of the same regiment, in place of Seth
Duncan, removed.

John Bishop, major of the 62d regiment, in place of John
C. Grume, deceased.

James G. Yates, lieutenant colonel of the 93d regiment, in
place ok' William l’attcrson, resigned.

Thomas Turk, major of the same regiment, in place of
James G. Yates, prompted.

Henry Roberts, major of the 13th regiment, in place of
Ayres Throckmorton, removed.

Joseph Reding, lieutenant colonel of the 12th regiment, in
place of John Duvall, resigned.

John Williamson, major of the same regiment, in place of
Joseph Reding, promoted.

Christian Orendorff, lieutenant colonel of the 91st regi¬
ment, in place ot George S. Browning, resigned.

Henry Myers, major of the same regiment, in place of
Christian Orendorff, promoted.

John M. M’Calla, colonel ofthc42d regiment, in place of
Abraham S. Drake, resigned.

Pcrcival Butler, major of the same regiment, in place of
John M. M’Calla, promoted.

Benjamin T. Thornton, major of the 47th regiment, in
place of Henry Ellis, promoted.

Armstead H, Churchill, brigade quartermaster of the 23cl
brigade.

I 1 I

i i

THE SENATE;

1S7

Joseph Kennedy, colonel of the 48th regiment, in place of
John Leathers, resigned.

David Perry, lieutenant colonel of the same regiment, in
place of Joseph Kennedy, promoted.

Thomas Stevens, major of the same regiment, in place of
David Perry, promoted.

Benjamin Fowler, lieutenant colonel of tin? 67th regiment,
in place of Benjamin Craig, resigned.

William Kirtly, major of the same regiment, in place of
Benjamin Fowler, promoted.

Henry Beatty, lieutenant colonel of the 78th regiment, in
place of Abner Wiseman, resigned.

Abner Lee. lieutenant colonel of the 73d regiment, in place
of Meredith Cox, resigned.

James Hollinhead, major of the same regiment, in place of
Abner Lee, promoted.

James D. Allen, division inspector of the 6tli division, in
place of George B. Knight, resigned.

John H. Rudd, colonel of the 28th regiment, in place of
Aquilla Smith, resigned.

John Morgan, division inspector of the Util division.

William Wilson, division quartermaster of the same divi¬
sion.

Michael Glaves, major of the 21st regiment, in place of
James Ellis, resigned.

John Payne, lieutenant colonel of the 28th regiment, in
place of John II. Rudd, promoted.

Buckley Elassingame, major of the same regiment, in
place of John Dawson, removed.

Edmund Baxter, brigadier general of the 13th brigade, in
place of Samuel South, removed.

Gabriel Miles, major of the 20th regiment, in place of-

Givens, deceased.

Isaac Miller, colonel of the S6th regiment, in place of Wil¬
liam Brown, resigned.

Ninian Riley, lieutenant colonel oT the same regiment, in
place of Isaac Miller, promoted.

John Wilson, major of the same regiment, in place of Nin¬
ian Ililey, promoted.

Martin Hardin, colonel of the 4th regiment, in place of
William Ray, resigned.

Robert Scott, lieutenant colonel of the same regiment, in
place of Martin Hardin, promoted.

James A. MTElroy, major of the same regiment, in place
of Robert Scott, promoted.

JOURNAL OF

Aaron Sharp, major of the 78 th regiment, in place of Hen ¬
ry Beatty, promoted.

Nicholas Mocker, colonel of the 35th regiment, in place of
Edmund Baxter, promoted.

Sylvanius Massie, lieutenant colonel of the same regiment,
in place of Nicholas I-Iorker, promoted.

Wiiliam Black, major of the same regiment, in place of
Sylvanius Massie, promoted.

Archibald Woods, brigade quartermaster of the 13th bri¬
gade.

Spencer Curd, division inspector of the 1st division, in
place of Young Ewing, resigned.

Charles S. Morton, brigade quartermaster of the 3d bri¬
gade, in place of Matthew Flournoy, resigned.

Edward Jones, brigade quartermaster of the 11th brigade,
in place of Benjamin Earner, resigned.

Isaac W. Dabney, lieutenant colonel of the 33d regiment,
in place of William Ingram, resigned.

Simeon N. Calfus, major of the same regiment, in place of
Alexander Veatch, resigned.

Thomas H. Findall, brigade quartermaster of the 6th bri¬
gade, in place of Benjamin Taylor, resigned.

John Sutton, colonel of the 1st regiment, in place of Philip
Shively, resigned.

Springer Augustus, lieutenant colonel of the same regi¬
ment, in place of John Sutton, if promoted.

John H. Miller, major of the same regiment, in place of
Springer Augustus, if promoted.

Solomon Blue, major of the 83d regiment.

Fleming Robinson, brigadier general of the 8th brigade,
in place of Richard Davenport, deceased.

Robert B. M’Afee, colonel of the 5th regiment, in place of
George M’Afee, resigned.

Peter Jordon, lieutenant colonel of the same regiment, in
place of Robert B. M’Afee, if promoted.

Samuel M’Coun, major of the same regiment, in place of
Peter .Tordori, if promoted.

Richard Bennett, lieutenant colonel of the 92d regiment, in
place of Jacob Ellison, resigned.

Christopher Lillard, major of the same regiment, in place
of Richard Bennett, if promoted.

Thomas Moore, brigade quarter piaster of the 5th brigade,
in place of James True, who refused to serve.

Solomon P. Sharp, colonel of the 25th regiment, in place
of Thomas A. Covington- deceased-

THE SENATE.

V iiliam Mni'sh&ll; lieutenant colonel of the same regiment
in place of Solomon P. Sharp, if promoted.

, WiHuunlOrby. major of the same regiment, in place of
>v iiliam Marshall, if promoted.

Robert Lewis, lieutenant colonel of the 39th regiment in
place of William Crabtree, removed.

Robert Rogers, major of the same regiment, in place of
Robert Lewis, if promoted.

IN THE Civil DEPARTMENT.

Randolph Railey, jun. notary public in and for the town
of Versailles and county of Woodford.

James Wand, notary public in and for the town ofRusselL
vine and county of Logan.

William C. Bell, notary public in and for the county of
Fayette and town of Lexington.

William M’Afee, notary public in and for the town of Kar-
irodsburg and county of Mercer.

Richard White, notary public in and for the town of New¬
castle and county of Henry.

James S. Berryman, sheriff of the county of Woodford, in
place of James Howard, deceased.

Harrison Blanton, notary public in and for the county of
Franklin and town of Frankfort.

James Clarke, notary public in and for the county of
•Christian.

Marquis Thomas, sheriff of the county of Montgomery, in
place of William Orear, resigned,

George E. Rowland, notary public in and for the town of
Lebanon and county of Washington.

John D. Early, notary public in and for the county of
Fleming. J

John Whitnell, sheriff of the county of Caldwell, in place
of Josiah Whitnell, deceased. V

, , GARi. SLAUGHTER.

January 15th, 1819.

A message from the house of representatives, by Mr.

Air. Speaker —The house of representatives have passed a
bill entitled « an act to regulate the fees of the justices of the
peace ot tins commonwealth j” in which they reouest the
concurrence of the senate. ^

And then he withdrew.

7 M 1 '-Owens, from the committee to whom was referred a
eJili authorising an addition to the town of Burksville, report-

JOURNAL OP

cd the same with an amendment, which being twice read was
concurred in.

Ordered, That the bill as amended be engrossed and read a
third time. \

Mr. Fleming, from the committee appointed for that pur¬
pose, made the following report, to wit :

The select committee appointed to enquire into the charges
made known to the senate against William M’Clanahan, a
justice of the peace for the county of Nicholas, have perform¬
ed the duty assigned them, by calling the accused before them,
together with sundry witnesses, both against and for him;
by examining all the testimony on both sides, and hearing the
accused, both by himself and counsel ; and have, after mature
deliberation, unanimously adopted the following report, viz.

It but seldom falls to the Jot of enquiry, on trying officers,
to have to record the crime of larceny, which the Committee
have no doubt has been fully aud satisfactorily proven against
The accused on this occasion ; and for the honor of human
nature, and the credit of that respectable body of magistra¬
cy styled justices of the peace, your committee sincerely hope
that such instances will very seldom occur. Your committee
have not thought lit to report all the evidence in detail, be¬
cause they have no doubt of the crime of larceny being satis¬
factorily proven, and that the accused did avoid a fair trial on
the merits of a prosecution against him on the aforesaid
charge, by persuading the justices before whom the same was
tried, that as the value of tiie property did not exceed the va¬
lue of four dollars, that he was not liable to be prosecuted at-
ter the period of one year bad elapsed from the time of the
commission of the offence. This latter circumstance, your
committee only view as an additional circumstance ot his
guilt. They have therefore determined to recommend to the
legislature to adopt an address of both branches, requiring
from the executive a removal of the accused from office,
agreeably to the provisions of the constitution ; and to effec¬
tuate that object, they report for consideration the following
resolution and address, to wit:

Resolved by the general assembly of the commonwealth of
Kentucky, (two-thirds of each branch concurring therein)
That William M’Clanahan, a justice of the peace in and for
the county of Nicholas, ought to be removed from the office
of justice of the, peace ; and that the following address be
presented to his excellency Gabriel Slaughter, acting gov¬
ernor of this commonwealth, in order that said removal may
be effected,

THE SENATE.

141

To his excellency Gabriel Slaughter t lieutenant-governor, act-
ingas governor oj'the commonwealth of Kentucky.

According to the proviso s of the constitution of this state,
the. senate and house of representatives (two-thirds of both
branches concurring) present you this address, requiring
you to remove from office William M’Clanahan, a justice of
the peace in and for the county of Nicholas, for the following
cause and reason, which they have caused to be stated at
length on the journals of both branches, viz.

First —That the said William M’i laiiahan, then and now
being a justice of the peace in and for the county of Nicho¬
las, did some time in the winter of the years 1816, 1817, at
divers times and days feloniously steal, take and carry away
wheat in the straw, the property of John Linkart.

And for this reason we require his removal from office.

Ordered, That the said report be referred to a committee
of the whole house on the state of the commonwealth.

The senate then, according to the standing order of the
day, resolved itself into a committee of the whole house on
the state of the commonwealth, Mr. Jones in the chair ; and
after some, time, Mr. Speaker resumed the chair, and mi*.
Jones reported, that the committee had according to order
taken under consideration the report of the select committee
appointed to investigate certain charges exhibited against
William M’Clanahan, a justice of the peace in and for the
county of Nicholas, and had gone through the same without
amendment.

Mr. Johnson then moved to amend the report and resolu¬
tion, by striking out the residue thereof after the preamble,
and inserting the following, to wit:

“ That the charges against the accused are not satisfacto¬
rily and well established by the evidence.

Resolved, therefore, That the said M’Claftalian be discharg¬
ed.”

And the question being taken on agreeing to said amend¬
ment, it was resolved in the affirmative—Yeas 22, nays 8.

The yeas and nays being required thereon by Messrs.
Barry and Harrison, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Bartlett, Bridges, Churchill, Crutcher, Eve, Faulk¬
ner, Ford, Given, Griffin, Harrison, Johnson, Jones, slaugh¬
ter, South, Southgate, Thompson, Wickliff, Wilson, Wood,
Worthington and Yancey,

142 JOURNAL OF

( Tliose who voted in the negative, are, Messrs. Barry,
Chambers, Davidge, Fleming, Mason, Owens, Perrin and
Taylor.

1 he report and resolution as amended were then concurred
in.

And then the senate adjourned.

SATURDAY; January 16 , 1819 .

The senate assembled.

'I he follovying bills were reported from the several coni"
mittees appointed to prepare and bring in the same, to wit r

- Mr * Davidge—A bill establishing an election precinct
in Bourbon county.

By mi . Bledsoe—A bill to amend the law concerning exe¬
cutions. °

And leave was given Mr. Barry to report a bill for the
benefit of the infant heirs of James Hughes, deceased.

Which were severally read the first time.

The second was ordered to be read a second time on Wed¬
nesday next.

The rule being dispensed with, the first and third were
read a second time, and ordered to be engrossed and read a
third time.

And the third (having been engrossed) was read a third
time.

Resolved, That the said bill do pass, and that the title be
<“an act for the benefit of the infant heirs of James! Hughes,
deceased.'* * *

Ordered, That the clerk do carry said bill to the house of
representatives, and request their concurrence.

Ordered, That-the public printers forthwith print 150 co¬
pies ol the second bill, lor the use of the members of the legis¬
lature. • &

The following bills were severally reported with amend¬
ments, Irom the select committees to whom they were refer-
red, to wit:

By mi*. Barry—A bill for the benefit of the heirs of John
Marshall, deceased.

By Mr. Chambers—A bill authorising the appointment of
port wardens for the county of Jefferson.

And by Mr. Bledsoe—A bill further regulating North Mid¬
dletown, m Bourbon county. b

THE SENATE,

143

The amendments were severally read, and the two former
concurred in. The said bills were then ordered to be en
grossed and read a third time; and the latter was laid on the
table.

The nomination of Mason Singleton, colonel of the 9th
regiment, was taken up ; and Mr. Faulkner, from the select
committee to whom the nomination was referred, made the
following report, to wit:

-The select committee to whom was referred the nomination
of Mason Singleton, as colonel of the 9th regiment of Ken-
tucky militia, have had the same under consideration, and
beg leave to offer the following resolution :

Resolved,, That the senate do advise and consent to said
nomination.

Which being twice read was concurred in.

Ordered, That Messrs. Faulkner and Owens acquaint the
lieutenant-governor therewith.

The nominations made on yesterday, were taken up and
read. 1

Resolved, That the senate advise and consent to the said
nominations, except to those of Abner Lee, lieutenant colonel
»t the 73d regiment; James Hollinhead, major of the same r
ai'vi.m 011 ^ a ^ us ’ ma J or °t the 33d regiment; James A,
M Elroy, major of the 4th regiment; Christopher Lillard,
major ol the 92d regiment; Marquis Thomas, Sheriff of
Montgomery county; Richard Bennett, lieutenant colonel of
the 92d regiment.; and James S. Berryman, sheriff of Wood-
lord county.

The six former nominations were ordered to be laid on the
table; that of Richard Bennett, colonel of the 92d reeiment
was committed to Messrs. Davidge, Ford, Thompson, Perrin
ami Grinin; and the latter was committed to a committee, of
the whole house oh the state of the commonwealth.

The senate received a message in writing from the lieu¬
tenant-governor, by Mr. Waggoner, which was taken up
and read as follows, to wit: 1

Gentlemen of the Senate,

I nominate the your advice and consent, Moses Hubbard,
lieutenant colonel of the 26th regiment, in place of David
>> ooloy, resigned.

January 16th, 1319.

GAEL. SLAUGHTER.

Resolved, That the senate advise and consent to the said
nominations.

If m

1 i

544 JOURNAL OF

Ordered, That Messrs. Jones and Mason acquaint the lieu¬
tenant-governor therewith.

A message from the house of representatives, by Mr.
Sharp:

Mr. Speaker—-The house of representatives have passed a
bill entitled “an act imposing a tax on all banking houses
not incorporated by this commonwealthin which they re¬
quest the concurrence of the senate.

And then lie withdrew.

The said bill was then taken up and read the first lime 5
and the rule being dispensed with, it was read a second time,
and committed to a committee of the whole house on the state
of the commonwealth for Tuesday next.

Ordered, That the public printers forthwith print 150 co¬
pies of said bill for the use of the senate.

Mr. Wield iff, from ths joint committee appointed to exam¬
ine into and report the state of the treasurer’s office, made the
following report, to wit:

Samuel South, treasurer, in account with the State of Ken-
1818, lucky,

Nov. 10—To cash remaining in the treasury the

30th Jan. last, S 58,453 16

Received of sheriffs since 30th Jan. 4,443 88

do. clerks of courts same time, 2,000 58

do. Green river settlers do. 7,629 05

do. vacant land do. 12,958 85

do. Tellico land do. 11 60

do. sergeant court of appeals, 894 82

do. dividend bank stock 1 st Jan. last, 23,457 54

do. 1 st July, 21,699 93

do. secretary of state, 20 90

do. penitentiary, IS,755 56

do. non-residents, 4,939 29

do, register of the land office 1,054 23

do miscpllaneous, 64 41

do. late treasurer, 27,393 76

178,677 56

Monies paid for warrants drawn on the Treasury same time.

Salaries of officers of flic executive department, S 6,410 68

Bank stock subscribed, 21,525 05

Penitentiary, 10,046 6'2

Legislature, 1817 session, 20,494 48

Criminal prosecution, 6,190 46

Negroes executed, 970 00

THE SENATE

Pensioners,

Judiciary department.

Contingent expcnces,

Internal improvements,

Clerks of c.ourts,

Commissioners ofthe state-house,
Executive officers.

Sergeant court of appeals.
Government house.

Public printing.

Postage,

Military expenditures.

Monies refunded,

Purchase of non-residents’land.
Sheriffs comparing polls.

Circuit court jailors.

Lunatics,

30 00
16,783 67
1,230 32
38,1 S3 00
1.274 70
3,200 00
2,402 61
215 70
1,294 80
2.473 35
705 43
289 73
208 48
1,107 46
37 76
1,185 54
5,827 02

S142,036 86

178,677 56
142,036 86

S 36,640 70

Aggregate amount of receipts, the sum of 178,677 56

Do. payments, same time, 142,036 86

Cash in the treasury on 10th Nov. 1818, £ 36,640 70

The joint committee ofthe senate and house of represen¬
tatives have examined the treasurer’s office, and compared
the vouchers with the entries, and find them correctly entered,
ami filed with the books in good order, and the balance
struck for the above time. A statement as above is herewith
reported, and which is the result of our examination.

Ail of which is herewith respectfully submitted.

From the senate,

MARTIN II. WICKLIFF,
TllOs. S. SLAUGHTER,
JAMES DAVIDSON.

From the house of representatives,

TllOs. C. HOWARD,
THOs KENNEDY-
LIBERTY GREEN,

R. BARBOUR,

DURR HAHR1SON,
EDWARD GEORGE,

Which was received and ordered to be laid on the table.

145 JOURNAL OF

A bill from the bouse of representatives, entitled “an act'
to incorporate the trustees of the Centre College of Kentucky,
at Danville,” was taken up. and Mr. Bledsoe moved to amend
the hill by striking out part of the fourth section, which was
read as follows, to wit:

« But it may be lawful for any of the Christian evangeli¬
cal churches to institute and attach to said college a theologi¬
cal school, on furnishing the funds necessary therefor ; the
professors in which shall be appointed by, and be under the
control of the church instituting the same, and in which the
doctrines of said church may be taught. The students in said
theological school to be under the immediate government of
the professors in the same, but subject'nevertheless to the
general rules and regulations of the college.”

And the question being taken thereon, it was resolved in
the affirmative—Yeas 23, nays 5.

The yeas and nays being required thereon by Messrs.
Bledsoe and Southgate, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs, llaj rv, Bartlett, Bledsoe, Chambers, Crutcher, Dav-
idge, Eve, Fleming, Griffin, Harrison, Johnson, Jo.nes, Ma¬
son, Perrin, Slaughter, South, Southgate, Taylor, Wilson,
Wood, Worthington and Yancey.

Those who voted in the negative, are, Messrs. Bridges,
Churchill, Dayidson, Faulkner and Wickliff.

The said bill as amended was -then read a third time.

Resolved, That the said bill as amended do pass.

Ordered, That the clerk inform the house of representatives'
thereof, and request their concurrence in the amendment.

On the motion of Mr. Bledsoe,

Ordered , That the committee of the whole house on the state
of the commonwealth be discharged from the further consid¬
eration of sundry resolutions concerning banks; which were
taken up, and srr. Bledsoe offered the following resolutions
as a substitute therefor, to wit:

1. Resolved, That the establishment of a monied monopoly,
is hostile to republican liberty.

2. Resolved, That banks, as they now exist, are such mo¬
nopolies, and do not depend for their profits upon the useful
employment of the products of industry. And as the pro¬
ducts of the labor of a nation, are the only' genuine sources
of national wealth, any corporation or institution which tends
to substitute speculation, instead of the proper and valuable
fruits of this labor, ought not to exist.

•l '

■i 1

®*V-

the senate.

IS. Resolved, That all banks, as now established, confer ev
elusive privileges, not for public good ; giving to indiSnnk
w, ‘ en . incorporated a right to use -tbei* creiUt in a mannS
no a lowed to the, r fellow-citizens ; and authoris^K
as individuals, to receive shares of the profits of such tnstit'/
debts’. W1 ' e t lCir PnVate P ro P er ty is exonerated from their

A.. Resolved, That, such incorporations not only create a
pmileged order, with interests distinct from fhe interests o‘
H,e bodyol the people, but they tend necessarily tn ™

P °''T in f 1! V? ^nds of a few; to create S
aristocracy, mine unfeclmg than monarchy ; to direct and!
.ontrol the administration of the general and state irovern

See arnn'm r'/'r" ,!csl, '°- y ,he beneficial effiicte of our
iree and happy institutions i Wherefore,

5. Resolved, That the following be proposed to the several
states composing the Union, and which, when adopted by
three-fourths ol the same, shall he considered as a pal-t of the
constitution of the United States, vi*. 1 C 01 tl18

* f No state shall hereafter establish or authorise a>-, v bmk
or pass any aet of incorporation ter hanking

Si! ‘h'p p0WCrS ,,orsl,alJ Hie congress if tl e United
cdates establish or authorise, an;v hank, or branch thereof to

of such site n ;i‘ ,1,C i in,i,S •*“> ll« co°,sc«

r 1 P . ^ V “ IUS J glvrn l, y an act of the legislature
thereof Pa T C t , y 3 ma J n,,i ^ ,,f two-thirds of each’ branch
si oll hP h ld SU ,JCCt to su,:!l renditions and regulations as

ahaH be by sud. act prescribed. And ° veai!

i o "S ssr* *** •**««/ « «•

Jr , ranking powers, incorporated by the act of -nv
gft w of United States, shall cease an I deteririine*-
out congress, or any state, may nevertheless pass lav s'"
vhonsing the collection of any debts, or tin-sale and di S

-amstSf!l£’ f!f* " **,»* smnmr O' t!,i, Male be rc-

148

JOURNAL OF

A bill from the house of representatives, entitled “ an act
for the erection of a new county out of the counties of Logan,
'Warren and Allen,” was read the first time.

The rule being dispensed with, it was read a second time,
and committed to Messrs. Johnson, Slaughter, Yancey, iAe*
Davidson and Crutcher.

And then the senate adjourned,

MONDAY, Jaauaiut 18, 1819.

The senate assembled.

A message from the house of representatives, by Mr.
M’Millau:

Mr. Speaker —The house of representatives disagree to a
bill front the senate, entitled “an act providing for the ap¬
pointment and .compensation of commonwealth’s attoriiicslor
the circuit courts. ,

And then he withdrew.

A message from the house of representatives, by Mr.

Howard: .

Mr. Speaker —The house of representatives have adopted
a resolution directing the joint committee appointed to exam¬
ine the treasurer’s office, to destroy certain vouchers j in
■which they request the concurrence of the senato.

And then he withdrew.

The said resolution was taken up, read and concurred in
as follows, to wit:

In tkf. Hocsf. oe Representatives, .Tan. 16, 1819 .

Resolved, That the joint committhe appointed to examine
the treasurer’s office, destroy the vouchers remaining in that
office, which were receipted for by the present treasurer when
ho entered upon the duties of his office.

Extract. &c.—Attest, it. S. TODD, C. EL R.

Ordered, That the clerk, inform the house of representatives
thereof.

A message from the house of representatives, by Mr.
Sharp:

Mr. Shaker —The house of representatives have passed a
hill from the senate, entitled “ an act to incorporate the
Bowling-Green Bridge Company,” with an amendment, in
which they request tiie concurrence of the senate.

And then he withdrew.

The amendment was taken up. read and concurred in.

Ordered, That sir. Johnson inform the house of represent¬
atives thereof.

THE SENATE. l-!9

A messa'ge. from the house of representatives, by Mr.
Duncan (of Lincoln) :

Mr. Speaker —The house of representatives concur in the
amendments proposed by the senate to a bill entitled “ an act
for the benefit of Daniel and Anthony Owsley.

And then he withdrew.

Mr. Bledsoe moved the following resolution :

Resolved, That the following be adopted as a standing rule
of the senate :

Every message of the executive shall lie one day for con¬
sideration, unless otherwise ordered by four-fifths ot the
members present.

Which was twice read and adopted.

Mr. Johnson, from the joint committee appointed to exam¬
ine the register’s office, made the following report, to wit:

The joint committee of the senate and house of representa¬
tives, appointed to examine and report the state of the regis¬
ter’s office, have performed the duty required, and report as
follows :

That they find the grants which issued on surveys trans¬
mitted from Virginia, tied in bundles, neatly labelled and
numbered up to 273, with an alphabet. Eleven volumes con¬
taining the record of said surveys, with a complete alphabet.
The record of military warrants from the Virginia laud-of¬
fice, in two volumes, with alphabets, and in good order. A
list of the Virginia treasury warrants, in two volumes. The
record of pre-emption warrants, in one volume; and a vol¬
ume containing the records of warrants under the proclama¬
tion of 1763. The two last have alphabets, and are in good
order. Two volumes of records of commissioners’ certificates
granted in 1779 and 17 80, lately transcribed, with alphabets.
The recordof surveys from Lincoln county, is in the register’s
office, not bound, noi' in a situation to be bound well. The
sale books of non-residents’ lands for the years 1800, J, £
and 4, have a new alphabet—the books are somewhat worn.
The books in which the sales of 1805, 6, 7, 8, 9, 10, 11, 12,
13 , i4, 15, 1.6,17 and 18 are recorded, they find in good or¬
der, with alphabets. Two volumes in which surveys have
been registered since 1792, in good order, except the binding.
The surveys ait' in bundles, neatly tied up. and labelled and
numbered up to 139, with an alphabet. The s-ecoi-d of these
surveys, together with the record of some of the grants, are in
14 volumes, with an alphabet,' and in good order. Thc.grants
issued on treasury warrant surveys since 1792. are recorded
in 18 volumes, to which there is an alphabet, nev. and in good

JOURNAL OF

order. The surveys upon head right claims, are registered
,n three volumes, with two alphabets. The head-right plats
and certificates of surveys are filed'in bundles, neatly tied up
and labelled, and numbered up to 2.83, and recorded in 16
volumes, with two alphabets. Grants issued thereon, record¬
ed in 24 volumes, with alphabets. The land warrants issued
tinder the act of 1300 by this state—the surveys and grants
oil lie same, as also the Tcllico surveys and grants, are in 2
volumes—they are registered in one volume; the original
surveys tied up in bundles and labelled. One volume cou-
tainiiig surveys under the proclamation of 1763, with an al¬
phabet. Two volumes of certificates granied by the com¬
missioners, mi 1796 and 1798. Anderson’s- and Croghan’s
books of entries, in gdod.ordcr, with alphabets. • Tlie tran¬
script ot Lincoln entries in 2 volumes, with a new alphabet.

J 3 entnus ( so . called) transcribed in 5 volumes, also in
good order, to which are two alphabets in volumes. One vol¬
ume ot Green’s deputy register of surveys, made previous to
June 1792. One volume of relinquishments. A list of Ken-
tucay land-office warrants, issued under the act of 1 8 14 , and
tne subsequent acL in l volume, and the records of.said war-
rams in 3 volumes. Grants issued thereon recorded in 5
volumes - the surveys in 3 volumes, and the originals tied
and hied m bundles, and numbered up to 55 : the registry in
volume, with alphabets. Three volumes in which caveats
are recorded, with alphabets.. One volume of .commission¬
ers-certificates, granted in H80, with- an alphabet.

ihe committee find the office in the general in good (Trder
. 1<? ^ aix ; ,) °P ir, ‘ 0S1 the school-house on the public square, is
voo near to the register’s office to be occupied as a school-
louse, and as such annoys'the public offices, and proves in-
j 3i ions to the puolic square, and ought to be removed or ap¬
propriated to public purposes, such as an office fdrtfte adiu -
tant-geiicral. the public printer, &c. & c . J

J°ur committee respectfully submit.

V, hic,i was read and ordered to be laid on the table.

, . 1 “ e bills were.reported .from the several commit. «

<.ees appointed to prepare and bring in the same, to wit •

dq;V,EI't ta"Sr A M1 tu amp, “' 11,0 “ “tm#*

Owcns-A bill to amend tUo act concerning the
i .».jn o\ t ment ol internal na.Mgation.

* “’V " as '■‘•I '' 0il - c- to report a iiiil providing for
a -.large ol veiiiie.ni the case of David U. Campbell,

the senate. I52

Which were severally read (he first time; and the ride ho
ing dispensed.with, the two former were read Ut-
“ *» » committee »r II,„ »h* | lmi5e „„ , ™

T ‘“ h “ C ‘'«*"■> l » *. S

Sir. Bartlett, from the select committee to whom was rr
Wl a bill o amend the several acts respecting- ;s road ? P ”
New-Last e to the mputhpf Liqfcirg,. reported the same vrig
amendments, wInch were read and concurred in. *

p b( ;*"S fako “ on engrossing and reading the

bill a t urd time, it was resolved in the negative, and so the
said bill was rejected. 5 ’ 50 tl10

I he senate received a message in writing from tlielietofen-
ant-governor, by Mr. Vvaggener, containing certain nomina¬
tions, winch were taken up and read as follows, to wit-
Gentlemen »j the Senate,

I nominate for. your advice and consent, Richard'Sown-d
Spill!"'” 1 ° f Ul ° 7 "' lllrision ’ in ! ,,0 “ “ f Hebert I*oagc"

«rS3 " f, " c *

f 291,1 "**"•* <» pW «
u,e ”**”*** <■>
ot ““ s, " i ”*** in *
saSd ,,r ,hs 64t,! *

af w n .T ;S Ly :'' I ; eilt( ‘ na " t colonel of the same reginufct, in . lace
of William Anderson, resigned. > , ‘ace

?*• *" '**“•* “ **•

«* *««.«, »

.nvSiaS «“™ 7 ’ «*«■•**•' ccs'imeut, i„ place

imam n ler, il promoted.

. Thom as Stokes, lieutenant colonel okthe same redmerf
m idacr oi Alexander M. henry, if promoted, S '’

f tbe om ‘ ”*** in ?!a “ <*

^ oi 1 HUHiaij iV nrjjiili y u promoted.

. i'.-cL

JOURNAL OF

I5&

John Campbell, major of the same regiment, in place of
Colby H. Taylor, if promoted, _

Joseph Hamm, major of the Slst regiment, in place of
Simon Gillaspie, resigned. ■ ,

Thomas S. Smith, lieutenant colonel of the 9th regiment,
in place of Smith Bradshaw, resigned,

Andrew M’Campbell, major of the same regiment, m place
of Thomas S. Smith, if promoted.

Thomas Todd, colonel of the 58th regiment, m place of
George Mathews, resigned. . , .

Join, Plummer, lieutenant colonel or the same regiment, m
■place of Thomas' l-oild, if promoted.

James Nealis, major of the same regiment, in placp ot J ohn
Plummer, if promoted.

William Summers, colonel of the 30th regiment, m place
of William Goddard, resigned.

John Taylor, lieutenant colonel of the same regiment, ui

place of William Summers, if promoted.

Joseph S. Pepper, major of the same regiment, in place ot
John Tavlor, if promoted.

Joseph Redding, colonel of the 12th regiment, m place ot
John Williams, resigned. .

John Williamson, lieutenant colonel of the same regiment,

in place of Joseph Redding, if promoted;

James Patterson, major of said regiment, in place ot John
Williamson, if promoted. . .

Alexander Tillord lieutenant colonel of the 1 7 th regiment,
in place of John Stone resigned. .

Thomas H. Bradford, major of the same regiment, in place
of Alexander Tilford, if promoted.

John Mannan, jun, lieutenant colonel of the 15 th regiment,
in place of Jonathan Grant, removed.

James J. Anderson, major of the same regiment, in piace
of John Mannan, jun. if promoted.

Benjamin Doom, colonel of the 2d regiment, in place of
John O'Bryan, resigned.

James Italian!, lieutenant colonel of the same regiment, in

place of Benjamin Doom, if promoted.

George Harrison, major of the same regiment, in place of
James Ballard, if promoted.

Francis A. Brown, colonel of the new regiment denominat¬
ed the 98th.

Nathaniel Auxcr, lieutenant colonel of the same regiment,
Edward Burgess, major of the same regiment.

THE SENATE. 35-

James Stratton, colonel of the 56 th regiment, in place of
Alexander Lackey, if promoted. 1

Theophilus Powell, lieutenant colonel of the same regiment
in place of Francis A. Brown, taken off into the 9811 , reari-
tnent. b

Mial Mayo, major of the same regiment, in place of Na¬
thaniel Auxer, taken off into the 98 th regiment.

Samuel Scott, colonel of the 81 st regiment, in place of
James Campbell resigned. ' 1

Thomas Cook, lieutenant colonel of the same regiment, in
place of Samuel Scott, ifpromoted.

Richard Graves, major of the same regiment, ia place of

horn as Cook, ifpromoted.

CIVIIi D F.PARTMENT.

David H. Robinson, notary public in and for the coimfv of
Warren. J

Andrew S. Hughes, notary public in and for the county of
Nicholas.

„ John N. Taliaferro, notary public in and for the county of
Campbell, in place of James Taylor, resigned.

Irvine 0 . Hockaday, notary public in'and for the county
ot Clarke. J

_ , GABr,. SLAUGHTER.

January 18 th, 1819.

Resolved, That the senate advise and consent to the nom*
inatinns in the civil department.

Ordered, That Mr. Johnson acquaint the Iieutenant-eov-
ernor therewith. 0

1 he senate, then, according to the standing order of the day,
resolved itself into a committee of the •whole house on the
state of the commonwealth, Mr. Churchill in the chair ; and
alter some time spent therein, Mr. Speaker resumed the
chair, and Mr. Churchill reported, that the committee had
according to order taken into consideration a hill to amend
and reduce into one the several acts authorising the change of
venue in civil rases, and had gone through the same with
amendments, which lie handed in at the clerk’s table.

1 hat the bill with the amendments be committed
to Messrs. Fleming, Bledsoe, Owens, Southgate, Davidge
and Bridges. b

The substitute for sundry resolutions concerning hanks,
offered by Mr. Bledsoe on Saturday, were taken up, agreed
to and ordered to he laid on the table.

■V t'

JOURNAL OF

THE SENATE,

Ordered, That Messrs. Johnson, Southgate, Davidge,
'Bridges arid Thompson he appointed a committee to prepare
and bring in the former, and Messrs. Bridges, Harrison*
Owens-and Jones the latter.

And then the senate adjourned.

TUESDAY, January 19, 1819

The sedate assembled.

The following bills were reported from the several commit-
;tces to whom they were referred, to wit:

By Mr. Fleming—A bill to amend and reduce into one the
several acts authorising the change of venue in civil cases.

By Mr. Bledsoe—A bill appointing commissioners to view
a way for a state road from Danville to the Tennessee line,
on a direction to intersect the national road from .New-Or¬
leans to the Muscle Shoals.

And by Mr. Fleming — A bill from the house of representa¬
tives entitled “ an act for the benefit of the heirs of Adam.
Woods, deceased.”

Each with amendments, which being twice.read were con¬
curred in..

The two former were ordered to be engrossed as amended
and read a third time; and the latter was ordered to be read
a third time as amended—-which being done accordingly, the
question was taken on the passage thereof, and it was re¬
solved in the affirmative—Yeas 21, nays 9,-

The yeas and nays being required thereon by Messrs.
(Crutcher and Mason, were as follows, to wit.;

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Bartlett Bledsoe, Chambers, Davidson, Eve, Faulk¬
ner, Fleming, Ford, Griffin, Harrison, Mason, Owens, Fer-
rin, South, Southgate, Thompson, Taylor, W ood, Worthing¬
ton and Yancey.

Those who voted in the negative, are, Messrs. Churchill,
Crutcher, Davidge, Given, Johnson, Jones, Slaughter,
Wickliff and Wilson,

Resolved, That the said bill do pass, and that the title he
amended to read “ an act for the benefit of the heirs of Adam
Woods and.lsrael Tully.”

Ordered, That the clerk inform the house of representatives
thereof, and request their concurrence in the amendments.

The nomination of Marquis Thomas, as sheriff of Mont¬
gomery county, was taken up.

156

JOURNAL OF

ftesolved . That the senate advise and consent thereto.

Ordered, That Mr. Mason acquaint the lieutenant-governor
therewith.

The military nominations made on yesterday, were taken
up.

Res Ived, That the senate advise and consent to the said
nominations, except to those of Thomas Cook, lieutenant col¬
onel of the 81st regiment, and Richard Graves, major of the
same regiment. The former was rejected, and the latter laid
on the table.

Ordered, That Mr. Chambers acquaint the lieutenant-gov¬
ernor therewith.

On the motion of sir. Johnson, leave was given him to re¬
port a bill to incorporate the Broadway Bridge Company j
which was read tlie first time.

The ride being dispensed with, it was read a second time,
and committed to a committee of the Whole house on the state
of the commonwealth.

A message from the house of representatives, by Mr.
Chew -.

•Mr. Speaker —The house of representatives have passed a
hill entitled “an act declaring Rough creek a navigable
streamin which they request the concurrence of the sen¬
ate.

And then he withdrew.

The said hill was then taken up and read the first time;
and the question being taken on reading said bill a second
time, it was resolved in the negative, and so the said bill was
rejected.

Ordered, That the clerk inform the house of representatives
thereof.

A message from the house of representatives, by Mr,
Todd, their secretary:

Mr. Speaker —-The house cf representatives concur in the
amendments proposed by the senate to bills of the following ti¬
tles, to wit : An act to amend an act entitled an act to amend
the several acts concerning the importation and emancipation
of slaves, approved February 8, 1818 ; and an act to incor¬
porate the trustees of the Centre College of Kentucky at
Danville'; an act for the benefit of Nancy Godby, Patsey
Lawrence and others : They concur in the amendment of¬
fered by the senate upon concurring in an amendment propos¬
ed by the house of representatives to a bill entitled “an act
for the relief of Charles Willot, sen. and Patrick Gilmore,” 1
with an amendment j and they recede from the amendment

THE SENATE,

proposed to a bill entitled “ an act further to indulg 1 the set¬
tlers on the lands acquired by the treaty of Tellico to pay the
state price on their claims;” in which amendment they re¬
quest the concurrence of the senate.

And then he withdrew.

The amendment was taken up and concurred in.

Ordered, That the clerk inform the house of representa¬
tives thereof.

A message from the house of representatives, by Mr.
Smith:

JUr. Speaker —The house of representatives disagree to the
amendment proposed by the senate to a bill entitled “ an act
for the benefit of Charles C. Carson.

And then he withdrew.

The said amendment was taken up and read.

Resolved, That the senate recede from said amendment.

Ordered , That the clerk inform the house of representatives
thereof.

A message from the house of representatives, by Mr.
Todd :

Mr. Speaker —The house of representatives concur in the
amendments proposed by the senate to bills of the follow ing ti¬
tles, to wit: An act to provide for the furnishing the circuit
courts with a copy of the statute laws ; and an act to amend
an act concerning certain trespasses on land.

And then he withdrew.

Mr. Crutcher, from the majority whereby a hill to amend
the several acts respecting the opening a road from New¬
castle to the mouth of Licking, w ; as rejected on yesterday,
moved to re-consider the vote ; which being resolved in the
affirmative.

On motion,

Ordered, That the bill be re-committed to Messrs. Bledsoe,
Southgate, Bartlett, Churchill, Davidge and Thompson.

Leave was given to bring in the following bills, to wit:

On the motion of Mr. South—A bill altering the terms of
the circuit courts in the counties of Bath, Greenup and Floyd.

On the motion of Mr. Johnson—V bill to appoint commis¬
sioners to view a way fur a road from the seat of government
to Nashville, in Tennessee.

Ordered, That Messrs. South, Fleming, Chambers and
Mason be appointed a committee to prepare and bring in the
former, and Messrs. Johnson, Crutcher, Wickliff, Davidge,
Ford and Slaughter, theiatter.

158

JOURNAL OF

Engr^sed bills, to wit: A bill for tbe benefit of James
Caldwell and others, and a hill further regulating North
Middletown, in Bourbon county, were severally -read a third
time and the blanks therein filled.

The question was taken on the passage of the former bill
it was resolved in the negative, and so the said bill was re¬
jected.

Resolved, That the latter bill do pass, and that the title be

asi act establishing and regulating certain towns in this
commonwealth.”

Ordered, That the clerk dstarry said bill to the house.of
representatives, and request their concurrence.

Bills from the house of representatives, of the following
titles, to wit: 1. An act concerning commonwealth’s attpr-
nies ; 2. an act to regulate the fees of the justices of the peace
of this commonwealth ; 3. an aet«for the benefit of the devi¬
sees of.John Curd and the'heirs of Price Curd; 4. art act au¬
thorising Walter Preston to convey certain lands within this
commonwealth ; 5. ap act to prescribe the. proceedings against
hanks and other incorporations that may forfeit their char¬
ters ; were severally read a second time.

'1 he first, third and fourth were ordered to he read a third
time—the fourth having been amended at the clerk’s table.

The second was committed to a committee of the wholG
Rouse on the state of the commonwealth.

And Mr. Johnson moved to strike out the first section of
the fifth bill, which was yead as follows, to wit:

§ I. He it enacted by the general assembly of the common¬
wealth qf Kentucky, That the circuit courts shall have juris¬
diction of all questions concerning the forfeiture of a charter
by any hank or other company incorporated by the laws of
this commonwealth.

And the question being taken thereon, it was resolved in
the affirmative—Yeas 17, nays 14.

The yeas and nays being required thereon by Messrs.
Bledsoe and Perrin, were as follows, .to wit:

Those who voted in the affirmative, are, .Messrs. Bartlett,
Bridges, Chambers, Churchill, Crutcher, Eve, Faulkner,
Griffin, Harrison, Johnson, Mason, Owens, Slaughter,
Southgate, Thompson, Wiekliffi and Worthington.

Those'who voted in the negative, are. Mr. Speaker, - and
Messrs. Bledsoe, Davidge, Davidson, Fleming, Ford, Given,
Jones, Perrin, South, Taylor, Wilson, Wood and Yancey.

And so the said bill was rejected.

THE SENATE,

Ordered That Mr. Johnson inform the house of Represent¬
atives thereof.

A message from the house of representatives, by Mr.
Sharp:

Mr. Speaker —The house of representatives have passed a
bill entitled “ an,act to amend the proceedings in civil suits
against banks and other corporations j?’ in which they re¬
quest the concurrence of the senate.

And then he withdrew.

The said bill was taken up, read the first time, and the
question being taken on reading the said bill a second time,
it was resolved in the affirmative—Yeas 20, nays 11.

The yeas and nays being required thereon hy Messrs,
Jones and Wilson, were as follows, to wit:

Those who voted in the affirmative, arc, Mr. Speaker, and
Messrs. Bartlett, Bledsoe, Bridges, Crutcher, Davidge, Dav¬
idson, Eve, Fleming, Ford, Griffin, Harrison, Jones, Perrin,
South, Taylor, Wilson, Wood, Worthington and .Yancey..

Those w ho voted in the negative, are, Messrs. Chambers,
Churchill, Faulkner, Given, Johnson, Mason, Gwens,
Slaughter, Southgate, Thompson and Wickliff.

A bill providing for a change of venue in the case of David
H. Campbell,'was read a second time and ordered to he en¬
grossed and read a third time.

And then the senate adjourned.

WEDNESDAY, January 20, 1S13:

The senate assembled.

The nominations of James A. M’Elroy, as major ofjthe 4ft
regiment ;• Abner Lee, lieutenant colonel of the 73d regi¬
ment; and James liollinhead, major of the same regiment j
were taken up.

Resolved. That the senate advise and consent to the said
nominations.

Ordered. That Mr. Wickliff acquaint the lieutenant-gov¬
ernor of the former; and Mr. ^ ar.cev of the two latter.

Mr..Southgate, from the majority w herein an engrossed
bill for the benefit of James Caldwell and others, was rejected
on yesterday, moved to reconsider (ho vote, and it was re¬
solved i_n the affirmative ; and cn motion the Lull w as laid on
the table.

160 JOURNAL OP

Mr. Mason presented tlie petition of sundry citizens of the
town of Mouutsterling, praying that a law may pass curtail¬
ing the hounds of said town.

Which was read and referred to Messrs. Mason, South,
Fleming, Taylor and Bledsoe, with leave to report by hill or
otherwise.

A message from the house of representatives, by Mr,
Underwood :

Mr, Speaker —The house of representatives concur in the
amendments proposed by the senate to a bill entitled “ an act
for the benefit of the heirs of Adam Woods, deceased.”

And then he withdrew.

Mr. Johnson, from the select committee to whom was re¬
ferred a bill from the house of representatives, entitled an
act for the erection of a new county out of the counties of Lo¬
gan, Warren and Allen, reported the same with amendments,
which being’twice read were concurred jn, and the bill as
amended was read a third time.

Resolved, That the said bill as amended do pass.

Ordered, That Mr. Johnson inform the house of represent¬
atives thereof, and request their concurrence in the amend¬
ments.

An engrossed hill for the benefit of the heirs of John Mar¬
shall, deceased, was read a third time.

dissolved, That the said hill do pass, and that the title be
“an act for the benefit of the heirs of John Marshall and
others.”

Ordered, That the clerk do carry the said hill to the house
of representatives, and request their concurrence.

A message from the house’ of representatives, by sir.
Pope:

.Mr. Speaker —The house of representatives have passed a
hill entitled •• an act tfl alter the mode of taking in lists of
taxable propertyj” in which they request the concurrence of
the senate.

And then lie withdrew.

The senate then, according to the standing order of the
day, resolved itself into a committee of the whole houses on
the state of the commonwealth, Mr. Given in the chair 5 and
aoer sometime spent therein, Mr. Speaker resumed the chair,
and »ir. Given reported, that the committee had according
1 ■ .truer taken into consideration a hill from the house of rep-
1 eiitrt,ves, entitled •• an act imposing a tax on all banking
L-uoes net incorporated by this commonwealth,” and had

161

.G"

THE SENATE.

gone through the same without amendment, which he handed
in at the clerk’s table.

Mr. Fleming moved to strike out “ 60 , 000 and the ques¬
tion being taken thereon, it was resolved in the affirmative—
Yeas 16 . nays 15 .

The yeas and nays being required thereon by Messrs.
Fleming and Crutcher, were as follows, to wit :

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Barry, Bledsoe, Churchill, Davidge, Davidson, Eve,
Fleming, Johnson, Jones, Perrin, South, Taylor, Thompson,
Wood and Yancey'.

Those who voted in the negative, are, Messrs. Bartlett,
Bridges, Crutcher, Faulkner, Ford, Given, (Griffin, Harri¬
son, Mason, Owens, Slaughter,- Southgate, Wickliff, Wilson
and Worthington.

Mr. Wickliff then moved to fill the blank with S 100,000,
and it was resolved in the negative—Yeas 8, nays 23 ,

The yeas and nays being required tliercon by Messrs.
.Southgate a'nd Wicklilf, were as follows, to wit:

Those w ho voted in tire affirmative, arc, Messrs. Crutcher,
Harrison, Mason, Owens, Slaughter, Wickliff, Wilson and
Worthington.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Barry, Bartlett, Bledsoe, Bridges, Churchill, Dav¬
idge, Davidson, Eve, Faulkner, Fleming, Ford, Given,
Griffin, Johnson, Jones, Perrin, South, Southgate, Taylor,
Thompson, Wood and Yancey.

Mr - . Wood, from the majority, then moved to rc-consider
the vote just taken on striking out the sum of S 60,000 ; and
tire question being taken thereon, it was resolved in the af¬
firmative—Yeas- 18 , nays 14 .

The yeas arid nays being required thereon by Messrs.
Cyutcher and Fleming, were as follows, to wit:

Those wlio voteil in the affirmative, are, Messrs. Bartlett,
Bridges, Chambers, Crutcher, Faulkner, Ford,Given, Grit-
j;n, Harrison. .Mason, Owens, Slaughter', Southgate, Wick¬
liff, Wilson, Wood, Worthington and Yancey.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Barry, Bledsoe, Churchill. Davidge, Davidson., Eve,
Flem|ng, Johnson, Jones, Perrin, South, Taylor and Thomp¬
son,

Mr. Barry then moved to amend the bill, by adding thereto
an additional section, to wit.:

Iteit further enacted, That the sergeant of the court of ap¬
peals, before he enters on the performance of the duties ca-

!6g: JOURNAL OF

joined upon him. by this act, shall execute bond in the clerk 5 *?
office of the court of appeals, with sufficient security or .secu¬
rities, in the penalty ol'§ 120,000, conditioned for the faith¬
ful discharge of the duties hereby enjoined, and for the pay¬
ment of any sum or sums of money collected in virtue of this
act, into the public treasury of this commonwealth ; which
bond may be sued on, and a recovery thereon had as on bonds'
executed by sheriffs of this commonwealth; which security
or securities shall be approved of by said clerk.

And the . question being taken thereon, it was resolved in
the negative—Yeas 15, nays 17.

The yeas and nays being required thereon by Messrs™
Barry and Churchill, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Barry, Bledsoe, Churchill. Davidge, Davidson, Eve,
Johnson. Jones, South, Southgate, Taylor, Thompson, Wood
and Yancey.

Those who voted in the negative, are, Messrs. Bartlett,
Bridges, Chambers, Crutcher, Faulkner, Fleming, Ford,
Given, Griffin, Harrison, Mason, Owens, Perrin, Slaughter,
Wickliff, Wilson and Worthington.

And so the said amendment was rejected.

Messrs. Churchill and Davidge gave notice, that they
would call for the yeas and nays on the question for reading
the bill a third time.

And. then the senate adjourned.

THURSDAY, January 21 , 1819,

The senate assembled.

A message from the house of representatives, by Mr.
A. Butler :

Mr. Speaker—The, house of representatives concur in the
amendments proposed by the senate to a. bill entitled “ an act
for the erection of a new county out of the counties of Logan,
Warren and Allen.

And then lie withdrew.

The following hills were reported from the several commit¬
tees appointed to prepare and bring in the same, to wit :

By Mr. Davidge—A bill directing the clerk of Mason
county to transcribe a certain record book,

By Mr. Mason—A bill curtailing the limits of the town of
Mountsterling.

THE SENATE.

163

Which were severally read the first time; and the rule be-
Eng dispensed with, the latter was read a second and third
time (having been engrossed).

Resolved, That the said bill do pass, and that the title bs
* ( an act curtailing the limits of the town ‘of Mountsterling.

Ordered, That Mr. Mason do carry the said bill to the.
house of representatives, and request their concurrence.

A message from the house of representatives, by Mr.
Sharp:

Mr. Spedkcr —The house of representatives have passed a
bill entitled te an act for the benefit of Alisana Brown i«
which they request the concurrence of the senate.

And.then he withdrew.

An engrossed bill for the benefit of James Caldwell and
others, was taken up and committed to the committee for
courts of justice.

Mr. Faulkner, from the joint Committee of enrolments, re.=
ported that they had examined 'sundry enrolled bills of tbe
following titles, to wit: An act to incorporate the trustees of
the Centre College of Kentucky, at Danville ; an act for the
benefit of Nancy Gudby, 1 ’alsoy Lawrence and others; an
act for the benefit of diaries C Carson ; an act to amend
an act entitled “ an art to amend an act concerning tbe im¬
portation and emancipation of slaves,” approved February 8,
1815 ; an act for the benefit of the heirs of Adam SVood and
Israel Tully ; ami bad fount! the same truly enrolled,

A message from the liouse of representatives, by Mr,
Todd :

Mr. Speaker —The speaker of the house of representatives
having signed sundry enrolled bills, I am instructed to lay
the same before the senate, for the signature of their speaker.

And then he withdrew.

Whereupon the speaker signed said bills, being the same
just reported by Mr. Faulkner, and they were delivered to
the joint committee, to he pis settled to the lieutenant gov¬
ernor for his approbation.

A message from the house of representatives, by Mr.
Hunter:

Mr. Speaker ■—The speaker ef t ! e house of representatives
■having signed sundry enrolled hill he folio .ting titles, to
wit: An act to provide for fun i ila. ii-mit courts \\ ith

a copy of the statute laws ; an at • net eoncTii-

•ing certain trespasses on land ; an a- Dan-

Scl and Anthony Owsley, Samuel lik • i

.act for the benefit of Edward Maxey auu .

164

JOURNAL OF

an act for the benefit of John Woods, of Mercer county'; I am
instructed to lay the same before tlio senate, for the signature
of their speaker.

And then he withdrew.

Whereupon the ’ speaker signed said bills, and they were
delivered to the joint committee, to be presented to the lieu¬
tenant-governor for his approbation. And after a short
time, Mr. Chambers, from the committee, reported that
they had performed that duty.

Leave was given to bring in the following bills, to wit:

On the motion of Mr. Worthington—A hill authorising the
county court of Muhlenberg to dispose of a part of the public
ground in Greenville.

4 )n the motion of Mr. Fleming—A bill to amend an act
entitled “ an act to amend an act entitled an act concerning
deenpiantclaimants of land.

And on the motion of sir 1 . Crutcher—-A bill to extend the
March and June terms of the Hardin circuit court.

Ordered, That Messrs. Worthington. Wilson, Davidge,
Slaughter and Bridges be appointed a committee to prepare
and bring in the first; Messrs. Fleming, Bledsoe, Barry,
B ridges, Owens and Johnson, the second; and Messrs,
Crutcher, Churchill, Johnson and Wickkff, the third.

AnTugrossed bill entitled “ an act concerning the duties of
the register of the land-office,” With the amendments propos¬
ed thereto, was taken up and concurred in with amendments,
and the hill as amended ordered to be re-engrossed and read
again.

Mr. Johnson, from the select committee to whom was re¬
ferred a bill to establish a new judicial district, reported the
same without amendment.

Mr. Wickliff moved to lay the hill on the table until the
10 th day of March next; and the question being taken there¬
on, it was resolved in the affirmative-—-Yeas 16 , nays 15 .

The yeas and nays being required thereon by Messrs.
Crutcher and Wickliff, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Bartlett,
Chambers, Faulkner, Fleming, Ford, Given, Griffin, Harri¬
son, Mason, Owens, Perrin, South, Thompson, Wickliff,
Wilson and Worthington.

Those who, voted-in the negative, are, Mr. Speaker, and
Messrs. Barry, Bledsoe, Bridges, Churchill, Crutcher, Dav¬
idge, Eve, Johnson, Jones, Slaughter, Southgate, Taylor,.
Wood and Yancey.

THE SENATE.

1GS.

A bill from the bouse of representatives, entitled “ an act
to extend the term of the Christian circuit court, and to alter
the time; of holding the Logan Circuit court, and for other
purposes,” was taken up, and the amendments were concur¬
red in, and ordered to be laid on the table.

A bill from the house of representative^' entitled “an act
imposing a tax on all banking houses not incorporated by this
commonwealth,” was taken up.

Mr. Yancey moved to lay it on the table ; and the question
being taken thereon, it was resolved in the negative—Yeas
16, nays 16.

The yeas and nays being required thereon by Messrs.
Griffin and Harrison, were as follows, to wit.

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Barry, Bledsoe, Churchill, Crutcher, Davidson,
Eve, Given, Johnson, Jones, Perrin, South, Taylor, Thomp¬
son, Wood and Yancey.

Those who voted in the negative, arc, Messrs; Bartlett,
Bridges, : Chambers, Davidge, Faulkner, Fleming, Ford,
Griffin, Harrison, Mason, Owens, Slaughter, Southgatcj
"Wh'kliff, Wilson .and Worthington.

The vote being equal, the speaker declared the motion
negatived.

Mr. Johnson then moved the following amendment in lieu
of the bill, to wit:

V\ hereas the United States’ Bank lias established in this
state two brandies, or offices of discount and deposite, one in
Louisville and the other in Lexington : and whereas the leg¬
islature, at their last session, taxed the said branches after
the same rate which she had taxed the institutions of the like
kind incorporated by her acts; and whereas the said branches
have refused payment ofsaid tax : For remedy whereof,

§ 1. .Be it enacted bn the general assembly of the common¬
wealth of Kentucky, That it. shall be the duty of the sheriffs of
the respective counties of Jefferson and Fayette, to collect
and receive the tax imposed by the said afct, for the past anil
succeeding years j and if the payment thereof shall be delay¬
ed until after the 1 Oth day of April in any year, it shall ho
the duty of the said officers, in their respective counties, to
distrain the goods, chattels and credits and money of (he said
offices of discount and deposite, sufficient to satisfy and dis¬
charge the said tax and the costs of distress and sale ; and
the said officers shall have the same'power, he guided by tho
same laws and regulations in disposing of any goods, cli

166

JOURNAL OF

tcls and credits distrained as aforesaid, as are now in force
respecting other distresses for revenue.

§2. Be it farther enacted, That the said sheriffs shall ac¬
count for and pay the taxes which they arc hereby directed
and authorised to collect, into the public treasury of this state,
wilder the same rules and regulations now in force upon that
subject, and be liable, himself and his securities, to the same
proceedings as relates to the other revenues of the state.

And the question being taken thereon, it was resolved ir»
the negative—Yeas 7, nays 25 .

The yeas and nays being required thereon by Messrs,.
Barry and Johnson, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Barry, Bledsoe, Churchill, Eve, Johnson, Taylor
and Thompson.

Those who voted in the negative, are, Messrs. Bartlett,
Bridges, Chambers, Crutcher, Davidge, Davidson, Faulk¬
ner, Fleming, Ford, Given, Griffin, Harrison, Jones, Mason,
Owens, Perrin, Slaughter, South, Southgate, Wickiiff, Wil¬
son, Wood, Worthington and Yancey.

And so the amendment was rejected.

Mr. Fleming then moved to strike out S 60 , 000 , ami in¬
sert S 10,000.

A division of the question was then made, and the question
taken oil striking out the $ 60 , 000 , and it was resolved in
the negative—Yeas 13 , nays 19 .

The yeas and • nays being required thereon by Messrs,
Crutcher and Harrison, were as follows, to wit:

Those who voted in the affirmative, are, mV. Speaker, and
Messrs. Barry, Churchill, Davidge, Davidson, Eve, Flem¬
ing. Jolmgon, Jones, Perrin, South, Taylor and Thompson.

Those who voted in the negative, are, Messrs. Bartlett,
Bledsoe; Bridges, Chambers, Crutcher, Faulkner, Ford,
Given, Griffin, Harrison, Mason, Owens, Slaughter, South-
gate, Wickiiff, Wilson, Wood, Worthington and Yancey.

And so the said amendment was rejected.

The question was then taken on reading the bill a third
time, and it was resol ved in the affirmative—Yeas 23 , nays
9 .

The yeas and nays being required thereon by Messrs.
Davidge anil Churchill, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Bartlett,
Bridges, Chambers, Crutcher, Davidge, Eve, Faulkner,
Ford, Given, Griffin, liiurhson, Mason, Owens,'Pcmn,

ft-IE SENATE.

1G7

Slaughter, Soutti, Southgate, Thompson, WieldiIT, Wilson,
Wood. Worthington and Yancey.

These who voted in the negative, are, Mr. Speaker, and
Messrs. Barry, Bledsoe, Churchill, Davidson, Fleming,
Johnson, Jones and Taj lor.

A message from the house of representatives, by Mr.
Parsons:

Mr. Speaker —The house of representatives have passed a
bill entitled “ an act lor the division of Knox county in
which they request the concurrence of the senate.

And then he withdrew.

And then the senate adjourned.

FRIDAY, January 22 , 1819 .

The senate assembled.

The following bills were reported from the several com¬
mittees appointed to prepare and bring in the same, to wit :

By air. Davidgc—A bill to incorporate the EddyviHe
Steam-Mill Company.

By Mr. Worthington—A bilfauthorisin£ the county court
of Muhlenburg.to dispose of part of their public ground.

By mi*. Johnson—A bill for opening a road from Frank¬
fort to Nashville.

And by mi*. Owens—Abill concerning the Kentucky Sem¬
inary.

Which were severally read the first time and ordered to be
read a second time; and the rule being dispensed with, the
latter bill was read a second time and committed to a com¬
mittee of the w hole House on the'state of the commonwealth.

Leave was given to bring in the following bills, to wit:

On the motion of mi*. Crutcher—A bill to amend the sev¬
eral acts concerning the penitentiary.

Ami on the motion of mi*. \\ ickliiT—A bill to authorise the
county court of Nelson to build a permanent bridge across
Salt river, at the inouth of Ashe’s creek.

Ordered, That Messrs. Crutcher, Bledsoe, WicklifT. Dry-
idge, Southgate and Barry be appointed a committee to pre¬
pare and bring.in the former; and Messrs. Wicklilf, Ford
and Churchill, tlje latter.

A bill from the house of representatives, entitled “ an act
Imposing :i tax on all banking bouses not incorporated by this
commonwealth,” was read a third time.

Mr. Johnson moved the following resolution, to wit:

1 GB JOURNAL OF

Resolved, T!iat the bill imposing a tax on all banking
houses not incorporated by this commonwealth, be committed
to a committee of seven members, with instructions to amend
the said bill by expunging from it that part by which the ofli-
cer is authorised to break' and enter doors, vaults, &c. with¬
out a refusal first made to pay the revenue required.

And 2d!y-, to expunge from the said bill the sum of sixty
thousand dollars, and report the same blank, to be filled by a
vote of the house.

And 3dly, to add to the said bill a clause requiring of the
sergeant of the court of appeals to execute .bond and security
in the auditor’s office, for the faithful performance of the du¬
ties required by the said act.

And 4th. to lay the tax on the branch banks of the United
States in this stale, instead of the persons who established the
same.

5th. To confine the operations of said hill to the offices of
discount and deposited’the United States’ branch banks es¬
tablished in this state.

And the question being taken thereon, it was resolved in
the negative—Yeas 15 , nays.lT.

The. yeas and nays being required thereon by Messrs.
Johnson and Wood, were as follows, to wit: .

Those who voted in the affirmative, are, Mr. Speaker, and
■Messrs. Rai ry, Bledsoe, Churchill. Davidson, Eve, Fleming,
Jolmson', Jones, Benin, South, Taylor, Thompson, Wood
and Yancey.

Those who voted in the negative, are, Messrs. Bartlett,
Bridges. Chamber's, Crutcher, Davidge, haulkper, Ford,
Given. Griffin. Harrison.Mason, Owens, Slaughter, South-
gate, Vi’irliiiir, Wilson and "Worthington.

And so the said resolution was rejected.

The question •was then taken on the passage of the bill,
and it was resolved in the affirmative—Yeas 20, nays 12.

The yeas and nays being required thereon by Messrs.
Crutcher and Churchill, were as follows, to wit: •

Those who voted in the affirmative, are, Messrs. Bartlett,
] ridges. Chambers. Crutcher, Davidge, Faulkner, Ford,
(.iven, Griffin. Harrison, Mason, Owens, Slaughter. South,
Southgate, W ickliff, Wilson, Wood. Worthington and Yancey.

"j hose who voted in the negative, are, Mr. Speaker, and
»iwr . Barry, Bledsoe, Churchill, Davidson, Eve, Fleming,
Johnson. Jones. Perrin, Taylor and Thompson.

Her,..I T. That the said bill do pass, and that Mr. W ickliff
•■in t lie house of representatives thereof.

TI1E SENATE;

i69

SATURDAY, January 23, 1819.

■

The senate assembled.

Mr. Davidge presented (lie memorial of Butter and Wood,
book-binders, of Frankfort, proposing to bind the laws and
I';| journals of the present session, and praying that the price
for binding the ads may be increased to thirty cents.

'Which was read and referred to the committee of proposi¬
tions and grievances.

The nomination of Richard Bennett, as lieutenant colonel
of the 92d regiment, was taken up; arid Mr. Davidge, from
the committee to whom the nomination was referred, made
A tlie following report, to wit:

The Select committee to whom was referred the nomination
of Richard Bennett, as lieutenant colonel of the*92d rogi-
.ment of the Kentucky militia, in the place of Jacob Kllison,
resigned, have according to order had the same under con¬
sideration, and after the examination of .sundry persons rela¬
tive to the qualifications of the said Richard Bennett to (ill
the office of lieutenant colonel of said regiment, from which
it seems to your committee that the said Richard Bennett is
a man of good moral demeanor; that he is a good soldier,
and prompt in the discharge of bis duty as an officer, to (lie
extent of bis ability ; yet that he is not qualified to discharge
the duties of a field officer, or of a lieutenant colonel, owing
to his w ant of knowledge in the military art or science ; anil
as a competent knowledge of military tactics, is, in the. opin-
jj® ion of your committee, indispensable in a field officer :
H Wherefore,

; ; || - Resolved, That the senate do not advise and consent to the

commissioning the said Richard Bennett, agreeably to said
nomination).

Which being twice read was amended by striking out the
preamble and the wan'd “ not/’ in the resolution.

The resolution was then concurred in,as amended.

Tlie nomination of Christopher Lillard, as major of the
| same regiment, was also taken up.

Resolved, That the senate advisfe and consent to the said
nomination.

Ordered, That Mr. Ford acquaint the lieutenant-governor
with the firmer, and file. Davidge the falter.

Mr. Y> icklifi, from the joint committee, appointed to exam¬
ine and report the state of the Bank of Kentucky and its
branches, made the follow ing report, to wit:

JOURNAL OF

THE joint committee raised to examine the state of’the -
Bank of Kentucky and its brunches, and to inquire into the
causes which led to the late suspension and resumption of
specie payments, have concluded the duty assigned them, and
report as follows':

The capital of the institution is S 2,756,220'

The capital is distributed in the following pro¬
portions, towjt:

Bank of Kentucky, .... 650,220'

Washington branch, - - - - 250,000

Paris do.

Winchester do. -

Lexington do. ....

Richmond do. - -

Danville do. ....

Springfield do. ....

Bardstown do. - - - -

Shclbyville do. ....

Louisville do. -

Glasgow do. -

Russellville 'do. ....

Hopkinsville do. ....

The aggregate amount of notes in circulation at

650,220'

250,000

160,000

120,000-

500,000

120,000

150,000

160,000

120,000

110,000

316,000

100,000

140,000

120,000

1,365,471 3£f

. present is - - - - 1,365,471 35r

Total amount of deposites, - - 002,243 SO

Debts due the institution, - - 4,403,165 3S

Cash on hand, ... - 764,928 36

Notes on the Bank of Kentucky or its branches
included in and reported as cash, and also re¬
ported as notes in circulation, - 110,1.24 14

Amount of specie and notes, other than those on
the Bank of Kentucky or its branches, 654,804

Amount of specie in the vaults of the institution, 633,550 16
Amount of notes on other banks," - 12i,254 06

The committee thought proper to ascertain the average
profits made by the Bank of Kentucky and its several
branches, for the last four years. The following is the re¬
sult of the inquiry :

The Bank of Ky, averaged rather more than 9 per cent.

110,1.24 14

654,804
633,550 16
121,254 06

The following is the re-

The Russellville branch, about
The Lexington branch, about

Ami if a reserved profit, not yet divided,
were included, it would be about
The Louisville branch,

THE SENATE.

THE SENATE. tn

The Washington branch, g

The Danville branch, nearly - 9

The Paris branch, - - - 11

The Bardstown branch, - - 11

The Winchester branch, - - 8 §

The Richmond branch, - 8|

The Hopkinsville branch, - - 9§

The Shelbyville branch, - - 9|

The Springfield branch, • - - 9|

The Glasgow branch, - - 10

But the committee were informed by the president of the
■hank, that no certain inference could be drawn from the
above statement with respect to the profits afforded by bank
capital in any of the situations where the funds of the Bank of
Kentucky are employed; because, although the capital of
each branch is established by order of the Bank of Kentucky,
yet there are balances, and at times large amounts diie by
one establishment to another, so that at no time is any one
operating precisely with its own capital. However, the sub¬
joined statement, showing the amount of Capital in the Bank
of Kentucky and its branches, for the four last years, and
the profits made by each in the several years, will furnish the
best data to enable the legislature to judge of the relative ad¬
vantages which different situations possess for the employ¬
ment of bank capital.

It is with regret, that the committee observe, that the
branches of the Bank of Kentucky located at Lexington and
Louisville, which usually made larger profits in proportion
to their capitals than any other branches of the institution,
during the last year did not make as much in proportion to
their capitals as many of the branches heretofore considera¬
bly behind them in extent of profit.

The statement received from the president of the Bank Gf
Kentucky by the committee, and heretofore reported as set¬
ting forth the causes w Inch led to the suspension and resump¬
tion of specie payments by the Bank of Kentucky and its
branches, was considered objectionable by the cashier of the
office of discount awl deposits of the United States’ bank at
Lexington, as the committee have been’informed, on account
of an alleged variance between the agreement,entered into by
the said cashier for the said office, and Charles W ilkiiis bli¬
the Bank of Kentucky, and the statement received from the
president of the Bank'of Kentucky. In justice to the par¬
ties concerned, the committee subjoin a copy of the agree-

JOURNAL OF

Went, from which it will appear how far the statement receiv¬
ed has varied from, or omitted to state the particulars of the
agreement, Your committee arc informed that on the 26th
ol October 1818, the cashier of the office of discount and de-
positoof the United States’ bank at Lexington, gave notice
to the Cashier of the Bank of Kentucky, that payment would
he required of the balance on interest due that office, at the
expiration of thirty days. The agreement by C. Wilkins,
on behalf of the bank of Kentucky, and IS. Salomon, cashier,
on the behalf of the office of discount and deposite at Lexing¬
ton. bears date on the 24th November, hut was ratified by tiie
Bank of Kentucky on the 25 th of November, and not the 24 th,
When the agreement hears date. The notice of the 26th Oc¬
tober above mentioned, expiring on the same day of the rati¬
fication ot the agreement, the time when payments were to
he made, either under the notice or agreement, was under-,
Stuud by the Bank of Kentucky as the same.

MARTSN 11. WICKL1FF.

JAs. CRUTCHFR,

S A MU CL C HU RC H ILL,

J. R. UNDERWOOD,

SOLOMON P. SHARP,

SAMI,. M’KEE,

ED Wd. WORTHINGTON
JOSEPH BAIUN ETT,

WILLIS FIELD,

Senate ,

House of
Rep's,

TIIE SENATE

« A STATEMENT,

^ Showing the amount of Capital in the Bank of Kentucky and its branches for the four last years, and the profits

made by each in the several years.

1ft
—<

'V m \

4816. '

1817.

1818.

• '

Capital,
in June.

Profits.

Capital,
in June.

Profits.

Capital,
in Jane.

Capital,
in June.

Profits.

Bank of Kentucky,

416,455

42,997 07

317,015

37,755 6-1

• 429,760

34,4 94 34

639,813

45,606 If

Russellville branch

134.000

10,470 99

136,000

16,040 53

14,287 55

140,000

14,238 48

Lexington ,,

200,000

34,082 34

300,000

29,299 99

36,068 85

300,000

23,443 47

Ijouisville ,,

106,000

14,482 16

200,000

27,365 54

30,988 41

316,407

25.187 21

Washington

r 200,000

17,096 79

250,000

23,7 16*G4

26,920 8G

250,000

19,693 61;

Danville „

110,000

5,476 82

110,000

11,608 20

140.000

11,842 64'

1 50,000

10,195 43

Paris ,,

l 10,000

6,964 12

110,000

14,674 43

13,892 61

Bardstown

■110.000

7,139 87

110,000

12,355 32

11,143 23

10,966 6f

Winchester ,,

100.000

4,773 84

9,487 97

8, w 32 97

Richmond

100,000

11,284 5S

8,982 85

Hopkinsville ,,

100,000

120,000

1 .20,000

10,593 85

Shelbyville

100,000

8,458 -76

Springfield „

4,926

8,950 48

Glasgow ,,

S : 1 -

5,741 64

9,63S ll{

■H

JOURNAL OF

£74

Lexington-, 24th Nov. 1818.

The coiiclil ions upon which the Bank of Kentucky and its
branches will resume specie payments, are as follows, viz.

That for the balances now due to the office of discount and
depnsite B. U. S. at Lexington, they shall be indulged in pay¬
ment by instalments of ten per cent, every sixty days, one
half in specie and the other half in drafts on Boston, N. York,
Philad’a, or Baltimore, at 60 & 90 days date, until the whole
amount be discharged—one of said instalments to be paid
immediately.

That for the amount of notes of tiie Blink of Ky. and its
branches, now held by the said office, say S 81,626, they are
immediately to pay one half in specie and tho other half in
drafts on Boston, N. York, Plulad’a. or Baltimore, at not ex¬
ceeding 60 A 90 days date.

CHA. WILKINS, for the Bank of Kij.

E. SALOMON, cash')', for the pres 1 1. co¬
directors of the off. I). f. D. B. U. States
ut Lexington .

The above is a copy of the agreement Entered into by Cha.
Wilkins, on behalf of the Bank of Kentucky, and E Salomon,
casli’r. on behalf of the pres’t. & directors off. dis. & dep. B.
U. S. Lexington, on 24th Nov. 1818.

If. BLANTON, CVk. Bank of K‘,j.

Which was read and laid on the table.

Ordered, That the public printers forthwith print 200 co¬
pies ofsaid report, for the use of the members of the senate.

The senate then, according to the standing ordorof the day,
resolved itself into a committee of the whole house on the
state of the commonwealth, Mr. Wilson in tire chair; and
after some- time spent therein, Mr. Speaker resumed the
chair, and Mr. Wilson reported, that the committee had
according to order taken into consideration a bill to amend
the act establishing independent banks in this commonwealth,
and had made some progress therein, but not having time to
go through the same, had instructed him to ask for leave to
sit again.

Bills from the house of representatives, of the following
titles, to wit: 1. An act authorising Walter Preston to con¬
vey certain lands within this commonwealth ; an act for the
benefit of the devisees of John Curd and the heirs of Price
Curd : an act for the benefit of AlisannaBrown ; and an act
for the division of Knox county; were severally read, the
first and second a third time, and the third and fourth the

THE SENATE.

375

The first was ordered to be laid on the table, and the third
to be read a second time.

The rule being dispensed with, the fourth was read a sec¬
ond and third time.

Resolved, That the second and fourth bills do pass, and
that the clerk inform the house of representatives thereof.

Engrossed bills, to, wit: A bill concerning the. didies of the
register of the land-office; a bill .to amend and reduce into
one the several arts authorising the change of venue in civil
cases ; and a. bill providing for a change of venue in the case
of David H. Campbell; were severally read a third time.

The question being taken on the passage of the latter, it
was resolved in the affirmative—Yeas 1G, nays G.

The yeas and nays being required thereon by Messrs,
Ford and Crutcher, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Barry,
Bartlett, Bledsoe, Churchill. Crutcher, Davidson, Kvc, Giv¬
en, Gi'iffin, Harrison, Owens, Slaughter, Taylor, Thompson,
Wood and Worthington.

Those who voted in the negative, arc, Messrs. Ford, Jones,
Perrin, South, Wickliff and Yancey.

Resolved , That the said hills do pass, and that (he titles
be, respectively, ‘fan act concerning the duties of the regis¬
ter of the land-office ; an act to amend and reduce into one
the several acts authorising the change ofv< nuc in civil cases.;
and an act providing for a change of venue in the case of
David H. Campbell.”

Ordered, That Mr. Johnson do carry the former, and the
clerk the two latter bills to the bouse of representatives and
request their concurrence.

A bill authorising the county court of Muhlenburg to dis¬
pose of part of their public ground, and a hill to incorporate
the Eddyville Steam-Mill Company, were severally read a
second time, and the latter was entered to be engrossed and
read a third time.

The rule being dispensed with, the former bill (having .
been engrossed) was read a third time.

Resolved, That the said bill do pass, and that the title be
“ an act authorising the county court of Muhlenburg to dis¬
pose of part of their public ground.”

Ordered . That the clerk .do carry said bill to the house of
representatives, and request their concurrence.

A message from the house of representatives, by Mr.

' ,.i' h v
; i|' I s'

■ -iA

176 JOURNAL OF

Mr. Speaker —The house of representatives have'passed a
bill entitled “ an act to amend the laws incorporating inde¬
pendent batiks j” in which they request the concurrence of
the senate.

And then he withdrew.

The said hill was taken up and read the first, time; and
the question being taken on reading the said bill a second
time, it was resolved in the affirmative—Yeas 37, nays 3.

'{’he yeas, and nays being required thereon by Messrs.
Bledsoe and Yancey, were as fol ows, to wit: .

Those who voted in the affirmative, are, mi*. Speaker, and
Messrs. Barry,- Bartlett, Bledsoe, Bridges, Crutcher, Dav-
idge, Davidson, Eve, Fleming. Ford, Given, Griffin, Harri¬
son. Jones. Mason, Verrin, Slaughter, South, Southgate,
Taylor, Thompson, V\ ilson, Wood, Worthingtojiand Yaneey*

'those who voted in the negative, are, Messrs. Churchill,
Owens and W irkliff.

The rule being dispensed with, the said hill was read a sec¬
ond time, and committed in a committee of the whole house
on the state of the commonwealth for Wednesday next.

Ordered. ’Chat (lie public printers forthwith - print 150 co¬
pies of said hill for the use of the members of the senate.

V message from (he house of representatives,• by Mr,
Ilanson :

Air. Speaker —The house of representatives have passed a
bill entitled £ * an act to alter the terms of the Clarke and
Estill circuit and county courtsin which they request the
concurrence of the senate.

Avid then lie withdraws

The said hill was taken up and read the first time ; and
the rule being dispensed with, it was read a second time
and ordered to be read a third lime.

On 1 He motion of mi*. Fleming, leave was given to bringiu
a lull lo procure philosophical and chemical apparatus for the
Transylvania University ; and Messrs. Johnson, Fleming.
Iliedaqe. Barry and Taylor were appointed a committee to
pre.jrare and bring in the same.

A bill from toe house of representatives, entitled “ an act
to extend ilie term of the Christian circuit court, and to alter
Die ime oi holding tiie Logan circuit court, and for other
purposes.” was taken up and committed to Messrs. Church-
iil.y riven, Harrison, Owens, • YvickliIT, Bridges, Crutcher
and Lavidge.

Aud then the senate adjourned.

_ ■ ]

THE SENATE. 177

MONDAY, January 25, 1819.

The senate assembled.

Me. lanccy, from the joint committee of enrolments, re-
ported that the committee had examined sundry enrolled hills
ami an enrolled resolution of the following titles, to wit' An
act to incorporate the Bowling-Green Bridge Company ; an
act, 10 release the states claim to salt water in certain cases •
an art for the relief of Charles Vv illot, sen. Patrick Gilmore
and others ; an act further to indulge tiie settlers on the lands
acquired by the treaty ofTellicoto pay the state price on
iiicir claims ; and a memorial and resolution respecting
Christopher Miller; and had found the same truly enrolled.

A message from the house of representatives, by Mr.
Beall:

Speaker —*-The speaker of the house of representatives
having signed sundry enrolled bills and an enrolled memorial
and resolution, ! am instructed to lay the same before the
senate, for the signature of their speaker.

And then he withdrew.

y hereupon the speaker signed said hills and resolution,
being the same just reported by mi-. Yancey, and they were
delivered to the joint committee, to be ’presented to the
lieutenant-governor for his approbation. And after a short
time, mi-. Yancey, from said committee, reported that they
had performed that duty.

Mr. Southgate presented the petition of James Williams, of
Pendleton county, representing that in 1800, in assisting to
clear out the road from Frankfort to Augusta, lie was erip-
nh d, ami it was the cause of one of his legs being amputated ,
that he is poor, lias a rising family, and is unable to support
them ; and praying that the legislature may make some pro¬
vision for him.

hich was read and referred to Messrs. Southgate, Perrin,
Chambers, Thompson, Taylor and Owens, with’ leave to re¬
port by bill or otherwise.

And after a short time, Mr. Southgate, from the commit¬
tee, reported a bill for the benefit' of the petitioner: which
was read the first time.

Timwide being dispensed with, it was read a second and
third time fit having been engrossed).

Resolved', That the said bill do pass, and that the title be
“ an ant for the benefit of .Tames Williams.”

Ordered, That the clerk do carry said bill to the house of
representatives, and request their concurrence,

178 JOURNAL OF'

A message from the house of representatives, by Mr;
Dollerhide :

Mr. Speaker '—The house of representatives have passed a
bill entitled « an act for the benefit of Thomas Hancock, of
Pulaski county in which they request the concurrence of
the senate.

And then he withdrew.

The following bills were reported from the several com¬
mittees appointed to prepare and bring in the. same, to wit

By Mr. South—A bill altering the terms of the circuit courts
of Bath, Floyd and Greenup counties.

And by Air. Fleming — A bill to amend an act entitled “ aw
art to amend an act entitled an act concerning occupying
claimants of land.”

Which were severally read the first time; and the rule be¬
ing dispensed with, they were read a second time and order¬
ed to be engrossed and read a third time.

Mr. Harrison, from the .select committee to whom was re¬
ferred a bill from the house of representatives, entitled “ an
act to extend the term of the Christian circuit court, and to
alter the time of holding Ihe Logan circuit court, and for
other purposes,” reported the same with an amendment,
which being read was concurred in.

Resolved, That the said (till as amended do pass, and that
the title be amended to read “ an act to extend and alter the
terms of certain circuit courts.”

Ordered . That the clerk inform the house of representatives
thereof, and request their concurrence in the amendments.

On the motion of air. Johnson, leave was given him to bring
in a bill to authorise the trustees of Bow ling Green to lay an
additional tax ; and Messrs. Johnson, Slaughter and Owens
were appointed a committee, to prepare and bring in the same,,

Mr. Wick'liff read and laid on the table the following reso¬
lution, to wit:

Resolved hj the general assembly of the commonwealth of
Kentucky, That w hen they ad journ on Saturday the Gth of
February, they will adjourn sine die.

The senate then, according to the standing order of the day,
resolved itself into a committee of the whole house on the
state of the commonwealth, Mr. Chambers in the chair ; and
after some time spent therein, Mr. speaker resumed the
chair, and Mr. Chambers reported, that the committee had
according to order had under consideration a hill to amend
the laws regulating public roads, and a bill to amend the law
concerning the publication of advertisements, and had gone

THE SENATE.

179

* through the same, with an amendment to the latter : Also,
that they had taken iato consideration a bill from the house of
representatives, entitled “ an act to regulate the fees of' the
justices of the peace of this commonwealth,” and had made
some progress therein, but not having time to go through the
•same, had instructed him to ash for leave to sit again.

On motion,

The two former hills were ordered to be laid on the table
until the first day of March next.

The senate received information from the lieutenant gov¬
ernor, by Mr. Waggoner, that he did on to-day approve and
sign sundry enrolled bills, and an enrolled memorial and res¬
olution, which originated in the senate, of the following ti¬
tles, to wit : Aii act to incorporate the Bowling-Green
Bridge Company 5 an act further to indulge the settlers on
the lands acquired by the treaty of Tcllico to pay the state
price on their claims; an act for the relief of Charles Willot
sen. Patrick Gilmore and others an act to release the state’s
claim to salt water in certain cases ; a memorial and resolu¬
tion respecting Christopher Miller.

Ordered, That the clerk inform the house of representa¬
tives thereof.

A message from the house of representatives, by Mr
Williams :

Air. Speaker —The house of representatives have passed a
bill entitled “ an act to amend an act entitled an act author¬
ising certain justices of the county courts'to award injunc¬
tions, writs of ne exeat and habeas corpus j” in which they
•E’cquest the concurrence of the senate.

And then he withdrew.

A message from the house of representatives, by Mr,
•Doflerhi.de :

Mr. Speaker —The house of representatives have passed a
bill entitled “ an act giving further time to settlers on the
Sands acquired by the treaty of Tcllico to return plats and
certificates of survey in which they request the concur¬
rence of the senate.

And then he withdrew.

A message from the house of representatives, by Mi-
Lac key :

Mr. Speaker —The house of representatives have passed
bills ot the following titles : An act to declare Sandy river a
navigable Stream, and an act to amend an act regulating the
town of Prestonshurg, in Floyd county- in which they re¬
quest the concurrence of the senate,

Aud then lie withdrew.

180

JOURNAL OF

Mr. Owens, from the joint committee appointed to exam¬
ine and report the state of the auditor’s otlice, made the fol¬
lowing report, to wit :

The joint committee of the senate and house of represent¬
atives, appointed to examine the auditor’s office, have per¬
formed that service. They have with care and great labor
examined the evidence in support of each charge reared
against the state, in the year ending the 10th November 1818 ,
and find the charges supported by legal evidence; they also
find that the receipts correspond with the books of the treasu¬
ry. They have also compared the general accounts, as stat¬
ed on the auditor’s books, with his report made to the legisla¬
ture on the Gth day of the present session, and they find a
perfect correspondence between the books and the report;
they therefore deem it unnecessary to accompany the report
with a detailed statement, as it would be but a repetition of
the auditor’s report. The committee are not only'satisfied,
but highly pleased with the system and general plan of keep¬
ing the public accounts, as well as the accuracy and excellent
manner in which they are kept.

It appears to your committee that two of the- commission¬
ers appointed by the Fayette county court, for taking in lists
of taxable property Cor the year 1817, failed to perform their
duty, and that lists of persons and property within the bounds
of said companies have not been taken at all for the aforesaid
year. To provide for its collection, your committee beg
leave to introduce a bill for that object.

From the Senate,

WILLIAM OWENS,
HUMPHREY .JONES,
JOSEPHUS PERRIN,

JAMES FORD. '

DAVID THOMSON.

From the House of Representatives ,

, JOSEPH TAYLOR,

JAMES UREA CHIT r.
JOSEPH BARNETT,

JAMES LOVE,

AD1N COOMBS,

HENRY RENICK,

JOHN MERCER,

W. B. CHINN,

J. S. M’GO WEN,

r ’ ALEXANDER LACKEY,

G. BERRY.

Which was read and laid or. the table.

Mr. Owens, from the same committee, reported a bill pro-
Tidiug for the collection of part of the revenue of Fayette

The senate assembled.

A message from the house of representatives, by Mr.
Henick :

Mr. Speaker —The house of representatives have passed a
bill entitled ■• an act for the erection of the county of Uart,
out of the counties of Barren and Hardin j” in which they
request the concurrence of the senate.

And then he withdrew.

The said bill was taken up and read the first time ; and
the rule being dispensed with, it was read a second and third
time.

Resolved, That the said bill do pass, and that Mr. Crutch-
er inform the house of representatives thereof.

Mr. Yancey, from the joint committee of enrolments, re¬
ported that they had examined sundry enrolled bills of the
following titles, to wit: An act imposing a tax on all bank¬
ing bouses not incorporated by this commonwealth ; an act
for the erection of a new county oht of the counties of Logan,
Warren and Allen ; and had found the same truly enrolled.

A message from the house of representatives, by Mr.
J. Johnston :

Mr. Speaker —The speaker of the house of representatives
having signed sundry enrolled bills, I am instructed to lay
the same before the senate, for the signature of their speaker,
And then he withdrew.

county. For the year 18 IT ; which was received and read the
first time and ordered to be read a second time.

A bill from the bouse of representatives, entitled “ an act
to alter the terms of the Clarke and Esfiil circuit and county
courts,” was taken up; and Mr. Jones moved an amendment
in lieu of the bill, which being read was with tlic bill commit¬
ted to the committee for courts of justice.

A message from the house of representatives, by Mr.
J. T. Johnson:

Mr. Speaker —The house of representatives have passed a
bill entitled an act to regulate certain towns in this common¬
wealth $” in which they request the concurrence of the sen¬
ate.

And then lie withdrew.

And then the senate adjourned.

TUESDAY, Jaxuahy 2G, 1819.

THE SENATE.

183 JOURNAL OF

Whereupon the speaker signed the said bills, being the.
same just reported by air. Yancey, and they were delivered
to the joint committee of enrolments, to be "presented to the
lieutenant-governor for bis approbation. And after a short
time, Mr. Yancey, from said committee, reported that they
had performed that duty.

A message from the house of representatives, by Mr.
Underwood:

-dir. Speaker -—The house of representatives have passed a
hill entitled “ an act to repeal tiie act of the 23d January
1818, relative to Morgantown in which they request the
concurrence ofthc senate.

And then he withdrew.

The said bill was read the first time and ordered to be read
a second time.

Mr. Bledsoe from the select committee to whom was re¬
ferred a iiill to amend the several acts respecting the opening
a road irofli New-Castle to the mouth of Licking, reported
the same .without amendment.

Ordered, i hat the bill he laid on the table until the first day
of March next.

A message from the house of representatives, by Mr.
Hardin :

Mr. Speaker •—The house of representatives have passed
J'jlls of the following titles : An act for the benefit of John I*.
Thomas, late treasurer ; an act‘to authorise the sale of the
donation lands of Salem academy : and an act for the benefit
of Conrad Baker, of Casey county ; in which they request
the concurrence of the senate.

And then he withdrew.

1 he said bills were severally taken up and read the first
time ; and the rule being dispensed with, they were severally-
read a second time, and the third bill a third time.

1 he first was ordered to he read a third time, and the sec¬
ond was committed to Messrs. Wield ill; Harrison, Given,
Ford and Crutcher.

Resolved, That the third bill do pass, and that Mr. Griffin
inform the house of representatives thereof.

The following hills were reported frbm the several commit¬
tees appointed to prepare and bring in the same, to wit :

By Mr. Wickliff —A bill to authorise the county court of
Nelson to build a permanent bridge across Salt river at the
inouth of Ashe’s creek.

By Mr. Bridges—A bill to extern! the limits of the town of
Jrerryville,

iWOW

THE SENATE

183

By Mi’- Fleming-—A bill to amend an act, entitled an act to
reduce into one the several acts concerning mill-dams and
other obstructions in water courses.

And leave was given Mh Bartlett, to report a bill author¬
ising a lottery for the purpose of opening a road from New¬
castle to the mouth of Licking.

Which bills were severally read the first time.

The rule being dispensed with, they were severally read re
second time ; the first and second (having been engrossed)
were read a third time j the third was amended at (lie clerk’s
table and ordered to he engrossed and read a third time j
and the fourth was committed to Messrs. Bledsoe, Bartlett,
Southgate, Perrin and Thompson.

Resolved, That the first and second bills do pass, and that;
the titles be, respectively, “an act to authorise the county
court of Nelson to build a permanent bridge across Salt riv¬
er, at the mouth of Ashe’s creek,” and “ an act to extend the
limits of the town of Perry vill'c.”

Ordered, That. sir. Wiekliff do carry the former, and the
clerk the latter, to the house of representatives and request
their concurrence.

On the motion of Mr. Owens, leave was given to bring in
a hill to amend the several acts concerning the distribution c.C
the laws ; and Messrs. Owens, Bridges avid Yancey were ap¬
pointed a committee to prepare arid bring in the same.

And after a short time, air. Owens, from the committee?
reported a bill, which was read the first time : and the nilo
being dispensed w ith, it was read a second time, amended at;
the clerk’s table and ordered to he engrossed add read a third
time.

Engrossed hills, to wit: A hill for opening a road front
Danville to the Tennessee line ; a bill to amend an act enti¬
tled an act to amend an act concerning occupying claimants
of land : a hill to incorporate the Eddyvilic Stegm-Mill Com¬
pany : and a hill altering the terms of the circuit courts of
Bath, Floyd and (.1 recoup counties: were 'severally read a
third time and the blanks in the first filled.

The question being taken on the passage of the first, it was
resolved in the affirmative—Yeas 17. nays 10.

The yeas and nays being require^ thereon by Messrs.
Crutcher and Harrison, were as follows, to wit.:

Those who voted in the affirmative, arc, Mr. Speaker, and
Messrs. Barry, Bartlett, Bledsoe, Bridges, Chambers. Dav-
idge, Davidson, Griffin, Jones, Mason,Owens, Perrin, South,
Southgate, Taylor and Wood,

184

JOURNAL OF

Those who voted in the negative, are, Messrs. Churchill,
Crutcher, Fleming, Ford. Harrison, Slaughter, Thompson,
Wick!iff, Wilson ami Yancey.

The'question being taken on the, passage of the second, it:
was resolved in the affirmative—Yeas 22. nays 4.

The. yeas and nays being required thereon by Messrs.
Fleming and Chambers, were as follows, to wit:

Those who voted in the affirmative, are,'sir. Speaker, and
Messrs. Barry. Bartlett. Bledsoe, Chambers, Churchill,
Davidge, Fleming, Ford, Griffin, Jones. Mason, Owens,
Perrin, Slaughter. South. Southgate, Taylor, Thompson,
Wood. Worthington and Yancey.

'1 hose who voted in (die negative, are, Messrs. Crutcher,
.Davidson. Harrison and Wickliff.

Resolved. T hat the said hills do pass, and that the titles be,
respectively. “ an act for opening a road from Danville to (he
Tennessee line: an act to amend an act entitled an act to
amend an act concerning occupying claimants of land ; an
act to incorporate, the Eddyvilie SteanwMill Company; and
an act altering the terms ol the circuit courts of Bath, Floyd
and Greenup counties.'’

Ordered. That the clerk do carry said hills to the house of
representatives, and request their concurrence.

Bills from the house of representatives, of the following
titles, to wit: 1. An act authorising \t alter Preston to roii-

vcv certain lands within this cnnimouwcaUh ; £. an act to
amend the proceedings in civil suits against banks and other
corporations ; 3. an act for the benefit'of Alisana Brown ; 4 .
an act to alter- the mode of taking in lists of taxable, property;
S. an act to aim-nil an act authorising certain justices of the
cnunly courts to award injunctions, writs of vc exeat and
habeas corpus; G. an act for the benefit of I'homas Hancock,
ol Pulaski county ; 7. an act giving further time to settlers
on the lauds acquired by the treaty of Tellico to return plats
a d certificates of survey ; 8. an art to regulate certain
towns in this commonwealth ; 9. an act to amend an act reg¬
ulating the town ol Prcstonsburg, in Floyd county; and 10.
an act to declare ; ain’v river a navigable stream ; were sev-
c ill. chad, the first;', third time, the second and third a sec-
cud u.u . ami the remainder the first time.

f : C rule be ing di.j9hn.sod with, the fourth, fifth, sixth, sev¬
ere, iglkh were read a second time, and the sixth, sev-
c ! i - n< -hi'' a third time.

Dir seen
t <■ w

t..o^c-udf

. fourth and fifth were committed to a commit*
" b 'use on the state of the commonwealth—■
to-morrow.

THE SENATE,

’Hip third was ordered to he read a third time, and the
ninth and tenth were ordered to he read a second time.

Resolved . That the first, sixth, seventh and eighth hills do
pass, and that the clerk inform the house .of representatives
thereof.

A message from the house of representatives, by Mr.
Pope:

Mr. Speaker —The house of representatives have passed a
hiil entitled •* an art giving additional powers to the trustees
of the towns of Louisville and NichdlasviUc j” in which they
request the concurrence of the senate.

Anti then he withdrew.

The said hill was taken up and read the first time. The
rule being dispensed with, it was read a second time and or¬
dered to be read a third time.

The follow ing bills were Severally read a second lime, to
wit: A bill fur opening a road from Frankfort to Nqshville;
a bill providing lor the collection of part of the revenue of
Fayette county for the year 1817 ; and a bill directing the
clerk of Mason county to transcribe a certain record book.

The first was committed in Messrs. Churchill, Johnson,
Crutcher, Slaughter, Wirklilf and Yancey.

The second was ordered to be engrossed and read a third
time.

And the rule being dispensed with. Hie third hill (having
been engrossed) was read a third time and the blank therein
filled.

ifesofm/. That the said bill do .pass, and that the title he
*• an act directing the clerk of Mason county to transcribe a
certain record book.”

Ordered, That (lie clerk do carry said hill to the house of
representatives, and request their concurrence.

The senate received a message in writing from the lieuten¬
ant-governor, by Mr. V\ aggeuer, containing certain nomina¬
tions, to wit:

Gentlemen of the Senate,

I nominate’for your advice and consent, Richard Graves,
lieutenant colonel of the 81st regiment, in place of Samuel
Scott, promoted

William Kendrick, colonel of the 50th regiment, in place of
Fleming Robinson, promoted.

Samuel Robertson, lieutenant colonel of the same regiment,
in.place of Robert Burnett,resigned.

George Tye, major of the S9th regiment, in place of
Thomas Swift, resigned.

JOURNAL OF

John Newman, major of the 4lst regiment.

James A. M’Elroy, lieutenant colonel of the 4th regiment^
in place of Robert Scott, resigned.

Hezekiah Ray, major of the same regiment, in place of.'
James A. M’Elroy; if promoted.

John H. MhBride, notary public in and for the county of
Bath.

Lewis Vcmont, notary public in and for the town of Mil-
lersburg, county of Bourbon.

The county court of Union having failed, at either of the
terms prescribed by the constitution, to recommend a sheriff.,
and the time for which the sheriff of said county was commis¬
sioned will expire during the present session; I therefore
nominate Hugh M’Elroy to till the ollice of sheriff for said
county, he being the senior magistrate.

GABi.. SLAUGHTER.

January 2Gth, 1819.

A message from the house of representatives, by Mr.
Barrett:

Mr. Spealier —The house of representatives have passed a
bill entitled “ an act concerning the town of Greensburgin
which tlicy request the concurrence of the senate.

And then lie withdrew.

The. said bill was taken up and read the first time ; and-
the rule being dispensed with, it was read a second and third
time.

Resolved, That the said bill do pass, and that the clerk
inform the bouse of representatives thereof.

On the motion of Mr. Churchill, a bill to regulate the fees
of inspectors in this commonwealth was taken up and order¬
ed to be engrossed and read a third time.

Mr. Barry presented the petition of William B. Summers
and Jones Hoy, a committee for Lawrence Flournoy, a luna¬
tic ; also the petition of the children of the said Flournoy,,
who are of age, praying that they may he authorised by law
to sell part of his real estate, and vest the proceeds in other
lands.

Which was read and referred to the committee for courts of
justice.

On the motion or Mr. Johnson,

Ordered, That the committee of the whole house on the state
of the commonwealth be discharged from the further eonsid-
eration of a bill to incorporate the Broadway Bridge Com¬
pany.

THE SENATE.

Jg?

A message iVom the house of representatives, by Mr.
Booker:

Mr. Speaker —The house of representatives have passed a
•hill entitled “ an act to provide for the revision of the statute
Jaws of tiiis commonwealth.;” in which they request tire
concurrence of the senate.

And then he withdrew.

And then the senate adjourned.

■

.• ...... . jii'>.• "".V.'; . f- : >

WEDNESDAY, January 27, 1819.

The senate assembled.

A message from the house of representatives, by Mr.
Haynes :

Mr. Speaker —The house of representatives have passed a
hill from the senate, entitled “ an act for the benefit of Jame#
Elder.”

And then he withdrew.

A message from the house of representatives, by Mr.
George :

Mr. Speaker —The house of representatives have passed a
bill from tho senate, entitled “an act to amend the act reg¬
ulating the towns of Millersburg, Paris, Bardstowu, and for
other purposes, approved February 4, 1817.”

And then he withdrew.

A message from the* house of representatives, by Mr.
J. Johnston:

Mr. Speaker —The house of representatives have passed a
bill entitled “an act to authorise William and Janies Newton
to build a dam and water grist and saw mill on Rough creek,
hi Ohio county in which they request the concurrence of
the senate.

And then lie withdrew,

A message from the house of representatives, by Mr.
G. Wall :

Mr. Speaker —The house of representatives have passed a
bill entitled “ an act authorising the payment of a sum of
money due by the commonwealth to John Hunter;” in
which they request the concurrence of the senate.

And then he withdrew.

A message from- the house of representatives, by Mr,
Worthington :

Mr. Speaker —The house of representatives have passed
a bill entitled “ an act allowing coroners and elisors pay for

JOURNAL OF

183

certain services; in which they request the concurrence of
the senate.

And than lie withdrew.

A message from the house of representatives, by Mr.
Bay :

Mr. Speaker —The house of representatives have unanim¬
ously passed a hill entitled “ an art for the benefit of Frunres
Lewis;” in which they request the concurrence of the sen¬
ate.

And then he withdrew.

Leave was given to bring in the following hills, to wit:

On the motion of Mr. Davidge-—A hill more effectually to
provide for collecting certain monies payable to the common¬
wealth.

And on the motion of Mr. Owens—A bill for the benefit of
the trustees of the Lewis and Liberty academies*

Ordered. That Messrs. Davidge. Fleming. Barry, Owens
and Bridges be appointed a committee to prepare and bring
in the former, and Messrs. Owens, Eve and Mason the lat¬
ter.

A message from the house of representatives, by Mr.
Stockton :

Mr. Speaker —The house of representatives have passed a
bill from the senate, entitled act vesting certain powers
in the trustees of the towns of Fiemingsburg and Lebanon.

And then he withdrew.

A message from the house of representatives, by Mr.
Hooker:

Air. Speaker —The house of representatives concur in tho
amendments proposed by the senate to a bill entitled “an act
to extend the term of the Christian circuit court, and to alter
the time of holding the Logan circuit court, and for other
purposes.

And then he withdrew..

Mr. Davidge presented the memorial of William Littell,
representing that he would willingly undertake (with the pa¬
tronage of the government) an Institute of the Laws of Ken¬
tucky, on the plan of Sir \\ illiam Iilackstonc’s Commenta¬
ries on the Laws of England ; and requesting that the legis¬
lature may take the same into consideration.

The speaker laid before the senate the petition of Elisa G-.
Ball, praying a divorce from her husband Spencer Ball.

Which were severally read and referred, the former fa.
a adget. committee of Messrs. Davidge, Bledsoe, Barry,

Owens, Southgate, Bridges, Job
ir.g, and the latter to the ce

The following bills were report
tees to whom they were referred,

By Mr. Barry, from tl.

A bill from tho bouse of i
alter the terms, of the Clarke
courts,

Ey Mr. Southgate—A bill authorising a lottery f irfhepur-
po3C. of opening a road from New-Castle to the mouth of
Licking.

By sir. Churchill—A bill for opening a road from Frank¬
fort to Nashville.

Which amendments we're severally read, and those to the
two former concurred' in.

The first bill was read a third tinr
second was ordered to bo engrossed a;
third time. «

The third, with the amendments, was laid on the table un¬
til the first day of March next.

Resolved. That the former hill as amended do pass, and
that, the title he amended to read an art to extend ike. f n ., lis
oi the Madison and Clarke circuit courts, and alferin~ the
time of holding tiic Estill circuit and county conrts.” °

Ordered, 1 hat Mr. ,S ones inform the bouse of represent¬
atives thereof, and. request their concurrence, in the amend¬
ments.

Mr. V> ickiitf moved to take up the resolution for the final
adjournment ol tlic legislature : ami li:e question being taken
thereon, it was resolved in the affirmative— Yeas ir, nave
13.

The yeas and nays' being required thereon by Messrs.

A ickliiTand Harrison, were as follows, to wit ■

on. F.ve, Peijrin and F!cm-
ommitf.ee (or courts df justice.

rd from the several coimiit-
with amendments, to wit:
be committee for couris of justice—
representatives, entitled “ 'an act ti.
r.d List ill cii'cuit and count v

as amoyded. and t
amended and read

JOURNAL OF

it was resolved in the neg-

tire question being taken thereon,
alive—Yeas 3, nays 27".

The yeas and nays being rc _

Yancey and Owens, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. David¬
son. Owens and W icklilF.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Barry, Bartlett, Bledsoe, Bridges, Chambers,
Churchill, .Crutcher, Davidge, Eve, Faulkner, Fleming,
Ford. Given, Griffin, Harrison, Johnson, Jones, Mason,
Perrin, South, Southgate, Taylor, Thompson, Wood, Worth¬
ington and Yancey.

The blank was then filled with the word “ seven.”

The following bills were reported from the several com¬
mittees appointed to prepare and bring in the same, to wit :

By mi 1 . Barry—A bill to establish the Francis Peart
college.'

By sir. Johnson—A bill authorising the trustees of the
town of Bowling-Green to levy additional taxes.

By Mr. Owens—A bill for the benefit of the trustees of
Liberty and Lewis academies.

And"by sir. Crutcher—A bill to extend the June term of
the Hardin circuit court, and to alter the time ot holding the
June term of the Nelson circuit court.

Which were severally read the first time and ordered to be
read a second time; and the rule being dispensed with, the
latter bill was read a second time and laid on the table.

A hill from the house of representatives, entitled “ an act
r.mircrninc commonwealth's attornies,” was read a third

THE SENATE.

191

Churchill, Crutcher, Davidge, Eve. ^Faulkner] Griffin,.
Johnson. Jones, 'Perrin. Southgate, Taylor and Yancey.

And so the said hill was rejected.

Ordered, That Mr. Bledsoe inform the house of represent¬
atives thereof.

A message from the house of representatives, by Mr,
Lee :

Mr. Speaker —The house 'of. representatives h*vc passed
a bill from the senate, entitled «• an act allowing an additional
number of justices of the peace to the counties of Bath,
Y/hitlcy anil Nelson,"’ with amendments, in which they re¬
quest the concurrence of the senate.

And then he withdrew.

The said amendments were taken up, read and concurred

in.

Ordered, That the clerk inform the house of representatives
thereof.

The senate then, according to the standing order of the day',
resolved itself into'a committee of .the whoic house on the
state of the commonwealth, Mr. Davidson in the chair; and
after some time spent therein, Mr. Speaker resumed the.
chair, and Mr. Davidson reported, that the committee had
according, to order taken into consideration a bill from tl.o
house of representatives, entitled (i an at 1 to amend the laws
incorporating independent banks,“ and had made some pro¬
gress therein, but not having time to go- through the same,
had instructed him to ask for leave to sit again ; which wag
granted.

The senate received a message, in writing froiji th'c lieu¬
tenant-governor, by Mr. Secretary Pope, which was taken
up and read as follows, to wit:

Gentlemen of Ike Senate.

The honorable Benjamin Kills having resigned bis office
as a circuit judge in tjicTlth judicial district, and refusing
t'o accept a commission under the nomination made at die
present session for the said circuit, I nominate him to (ho
senate as a proper person to fill that office in the 3rd judicial
district, in place of Benjamin Johnson, resigned.

GABi.. SLAUGHTER.

January 27th, 1819.

The rule being.-dispensed with, the nomination was taken

up.

Resolved niuiti t insuslv, That the senate advise.-and consent
to the said appointment.

192 JOpKNAL OF

,K' '•* ■_ ' m ' • ' * —

Ordered, That Mr. Tarry acquaint the lieutenant-governor
therewith 1 .

A message from the house of representatives, by Mr.
Gaither:

Mr. Speaker —The house of representatives have passed a
bill IVinn the senate, entitled “ an act for tiie relief of the ad¬
ministrators anti heirs of John tslapp, deceased,” with amciid-
jnents, in which they request the concurrence ot the senate.

And then he withdrew.

The said .amendments were severally taken up, read and
concurred in.

Ordered, That the clerk inform the house of representatives
thereof.

A message from the house of representatives, by sir.
Hunter :

Mr. Speaker —The house of representatives have passed a
bill entitled •• an art concerning tiie town of \ ersailles in
•which they request, the concurrence of the senate.

And then he withdrew.

A message from the house of representatives, by sir.
Lockett:

Mr. Speaker —The house of representatives have passed a
bill from the senate, entitled •• an act to erect an election
precinct in hstill county,” with amendments, in which they
request the concurrence of the senate.

Ami,then.lie withdrew.

A message from the house of representatives, by sir.
Underwood :

Mr. Speaker —The house of representatives concur in the
amendments proposed by the senate to bills of the following
titles; to wit: An act for the benefit of the heirs'of Adam
Woods, deceased ; an act to alter t he terms of the C larke and
l-'stiil circuit and county courts, with ait amendment to the
latter; and !hey have passed a bit! entitled •«an act for the
relief of the, survey ors of Jefferson, and Garrard counties, ■
v wh amendments, in which they request the concurrence of
the senate.

A d then he withdrew.

The former amendment was taken up, read and concurred

in.

Ordered. That sir. Jones inform the house of representa¬
tives thereof.

An engross);! hill for the benefit of Catherine Amis anil
Agnes Snider, was taken up.

The senate.

193

Resolved, That the said bili do pass* and that the title he
« an act for (lie benefit of Catherine Amis, Agness Snider,
Rebecca Mitchell and John Hole.”

Ordered. That the clerk do carry said hill to the house of
representatives, and request their concurrence.

And then the senate adjourned.

TIIURSABY, January 28, 1819.

The senate assembled.

Mr. Barry, from the committee for courts of justice, re¬
ported a hill for (he relict ol Eliza G. Ball ; which was read
the first time.

The rule being dispensed with, the said bill was read a
second and third time (having been engrossed).

Resolved (unanimouslyj. That said bill do pass, and that
the title be “ an act for the relief of Eliza G. Ball.”

Ordered. That sir. Barry do carry said bill to the house
of representatives, and request their concurrence.

On the motion of Mr. Owens, leave was given him to bring
iil a bill for the benefit of Rebecca Gill; and Messrs. Owens,
Griffin and Eve were appointed a committee to prepare and
bring in the same.

And after a short time. sir. Owens reported a bill; which
was read the first time, and the rule being dispensed with, it
was read a second and third time (having been engrossed).

Resolved, Tiiat the said hill do pass, and that the title he
“ an act for the benefit of Rebecca Gill.”

Ordered, That Mr. Griffin do carry said bili to the house of
representatives, and request their concurrence.

Mr. Yancey, from the joint committee of enrolments, re¬
ported (hat they had examined surnlVy enrolled bills of the
following titles, to wit: An act for the erection of the county
of Hart, out of the counties of Barren and Hardin ; an act to
regulate certain towns in this commonwealth ; an act for the
benefit of the devisees of John Curd and the heirs of Brice
Curd ; an act for the benefit of Thomas Hancock, of Pulas¬
ki county ; an act concerning the town of Grccnsburg; an
act to extend and alter the time of holding certain circuit
courts ; an act giving further time to settlers on the lands
acquired by the treaty of Tel lido to return plats and certifi¬
cates of survey ; an act for the benefit of Conrad Baker, of
Casey county; an act to extend the Madison and Clarke
circuit courts, and altering the time of holding the EstiU

194

JOURNAL OF

circuit and county courts ,• an act to amend the act regulating-
the towns of Miilersbnr.fi:, l’aris, Bardstown, and for other
purposes, approved February 4, 1817; and had found the
same truly enrolled.

A message from the house of representatives, by Mr.
J. Johnston:

Mr. Speaker —The speaker of the house of representatives
having signed sundry enrolled bills, 1 am instructed to lay
the same before the senate, for the signature of their speaker.

And then he withdrew.

Whereupon the speaker signed said bills, being the same
reported to-day by sir. Yancey, and they were delivered to
the joint committee of enrolments, to he presented to the
lieutenant-governor for his approbation. And after a short
time, Mr. Yancey, from said committee, reported that they
liad performed that duty.

The. amendments proposed by thc house of representatives'
to a bill entitled “-an act'for the relief ol the surveyors ot
Jefferson and Garrard counties,” were taken up, twice read
and concurred in.

Ordered,-That Mr. Churchill inform the house of represent¬
atives thereof.

Mr. Fleming presented the petition of the trustees ot the
heirs of Andrew Todd, deceased, praying that a law may be-
passed'authorising the adult heirs of said deceased, and the
guardians of the minors, 1o convey certain lots in Flemings-
burg to John T. Edgar, who married one of the heirs of said
Todd..

Which was read and referred to Messrs. Fleming, Bledsoe
and South, who have leave to report by bill or otherwise.

A message from the house of representatives, by Mr.
Beall:

Mr. Speaker —The house of representatives have passed
a bill entitled “ an act to amend an act entitled an act for the
relief of PethC Sibcrt; in which they request the concurrence
of the senate.

And then he withdrew.

A bill to incorporate the Broadway Bridge Company, was-
taken up, amended at the clerk’s table and ordered to be en¬
grossed and read a third time.

A bill from the house of representatives, entitled “ an act.
for the benefit, of Alisana Brown,” was read a third lime.

Resolved, That the said bill do pass, and that the clerk
inform the house of representatives thereof.

THE SENATE.

195

Engrossed bills, to wit: 1. A bill increasing certain in¬
spectors’ lees and for classing tobacco, was read a third time
as follows, to wit:

§ l. lie it enacted by the general assembly of the common-
wealth of R'entucky, That inspectors of tobacco in this com¬
monwealth shall hereafter be allowed the sum of one dollar
for each and every hogshead of tobacco by them inspected, to
be paid by the shipper thereof.

§2. All hogsheads of tobacco condemned by the inspec¬
tors shall be subject to the same fees and charges as if said
tobacco had been passed as merchantable, and the inspectors
shall retain the tobacco until the fees and charges are paid.

§ 3. . It shall be the duty of the inspectors of tobacco to class
it into three classes, to wit, first, second and third quality,
and certify the quality of each and every hogshead by them
inspected, in the notes given to the owner.

2 . A bill to amend the act to reduce into one the several
acts concerning mill-dams and other obstructions in water
courses, was read a third time as lollows, to wit:

Be it enacted by the general assembly of the commonwealth
of Kentucky, That when any person or persons, desirous of
erecting a water grist or saw mill, or other water works, on
his, her or their land, through which any stream of water not
declared navigable shall pass, and to which purpose it shall
become necessary to conduct the water of such stream either
to or from the contemplated mill by means of a ditch, canal,
or race through the'lands of any other person or persons, he,
she w they so desirous of erecting a mill or other water
works, shall make application to the court of the county in
which the land proposed to be intersected by such ditch, canal
err race may lie, and proceed in all other respects according
to the provisions of the act to which this is an amendment, to
procure the condemnation of so much land, not exceeding in
;til one acre, as may be necessary to open and keep in repair
such canal, ditch or race; and ail the provisions of the before
recited act shall have full force and effect, in the cases con¬
templated by this act, both upon the applicant and proprietor
of the land proposed to he condemned.

3 . A bill providing for the collection of part of the revenue
of Fayette county for the year 1817 ; and 4. a hill to amend
-the several acts concerning the distribution of the laws ; were
also severally read a third time.

The question being taken on the passage of the first, it was
resolved in the negative—Yeas 11. nays 19.

fk ...

JOURNAL OF

The yeas and nays being required thereon by Messrs,
Jones and Yancey, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Barry,
Chambers, Churchill, Crutcher, Mason, Owens, Perrin,
Slaughter, Southgate, Wickliff and Worthington.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Bartlett, Bledsoe, Bridges, Davidge, Eve, Faulk¬
ner, Fleming, Ford, Given, Griffin, Harrison, .Tones, South,
Taylor, Thompson, Wilson, Wood and Yancey.

And so the said bill was rejected.

The question was then taken on the passage of the second
bill, and it was resolved in the negative—Yeas 14, nays 14.

The yeas and nays being required thereon by Messrs.
Crutcher and Faulkner, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Barry,
Bledsoe, Chambers, Davidge, Fleming. Ford, Given. Griffin,
Perrin, South, Taylor, Wickliff*, Worthington and Yancey.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Bartlett, Bridges, Crutcher, Faulkner, Harrison,
Jones, Mason, Owens, Slaughter, Southgate, Thompson,
Wilson and Wood.

The votes being equal, the speaker declared the said biU
rejected.

Resolved, That the third and fourth hills do pass, and that
the titles be, respectively, “ an act providing fur tiie collec¬
tion of part of the revenue of Fayette county for the year
18 IT,” and “ an act to amend the several acts concerning the
distribution of the laws.”

Ordered, That the clerk do carry said bills to the house of
representatives and request their concurrence.

Mr. Harrison, from the select committee appointed for
that purpose, reported a bill for surveying certain lands.

Which was read the first time; ami the rule being dis¬
pensed with, it was read a second time and committed to a
committee of the whole house on the, state of the common¬
wealth.

The senate then, according to the standing order of the day ,
resolved itself into a committee of the whole house on the
state of the commonwealth, Mr. Slaughter in the chair; am!
after some time spent therein, Mr. Speaker resumed the
chair, and Mr. Slaughter reported, that the committee had
according to order taken into consideration the nomination
of James S. Berryman, as sheriff* of Woodford county, and
had come to a resolution thereupon ; and they had resumed
the consideration of a bill from the house of representatives,

THE SENATE.

entitled “ an act to amend the laws i: - irporaiing indepen¬
dent banks,” and had. made some further progress therein,
but not having time to go through the same, had instructed
him to ask for leave to sit again.

The resolution was handed in at the clerk’s table, twice
read and concurred in as follows, to wit :

Resolved, That the senate do advise and consent to the is¬
suing a commission to James S. Berryman, as sheriff of
Woodford county, to hi! the vacancy occasioned by the death
of James IIowar|? and to continue in office for the time that
Howard was qppmissioncd.

Ordered. Mr. Faulkner acquaint the lieutenant-gov¬

ernor therewith.

Andjthen the senate adjourned.

FRIDAY, January 29, 1319.

The senate assembled.

A message from the house of representatives, by Mr.
Todd:

Mr. Speaker —The house of representatives have passed a
bill entitled ■* an act to erect the county of O wen, out of the
counties of Franklin, Scott and Pendleton j” in which they
request the concurrence of the senate.

And then he withdrew.

The following bills were reported from tbe several com¬
mittees appointed to prepare and bring in the same, to wit :

By sir. Barry—A bill to incorporate a company to im¬
prove the navigation of Elkhorn.

By the same—A hill authorising a lottery for tbe use of Urn
Lancasterian school at Lexington.

By mi*. Johnson—<A bill to procure philosophical and
chemical apparatus for the. Transylvania University.

By Mr. Davidge— V bill more effectually to provide for
collecting money payable to tins commonwealth.

And by sir. Fleming— A bill for the benefit of the heirs
and devisees of Andrew Todd, deceased.

Which bills were severally read the first time; and thq
rule being dispensed with, they were read a second time and
ordered to be engrossed and read a third tiffin.

Mr. Owens moved for leave to bring in a bill for the relief
of Elizabeth Armstrong ; which was committed to the com
Jaittee for courts of justice.

.. ...

JOURNAL OF

The resolutions concerning banks, were taken up and read
as follows, to wit:

1 . Resolved, That the establishment of a monied monopoly,
is hostile to republican liberty.

2 Resolved, That banks, as they now exist, are such.mo¬
nopolies, and do not depend for their profits upon the useful
employment of the products ot industry. And as the pro¬
ducts of the labor of a nation, are the only genuine sources
of national wealth, any corporation or institution which tends
to substitute speculation, instead of the proper and valuable
fruits of this labor, ought not to exist.

3 , Resolved, That all banks, as now established, confer ex¬
clusive privileges, not for public good ; giving to individuals,
when incorporated, a right to use their credit in a manner
not allowed to their fellow-citizens ; and authorising them,
as individuals, to receive shares of the profits of such institu¬
tions, while their private property is exonerated from their
debts.

4 . Resolved, That such incorporations not only create a
privileged order, with interests distinct from the interests of
the body of the people, but they tend necessarily to throw
wealth and power into the hands of a few; to create a monied
aristocracy, more unfeeling than monarchy ; to direct and
control the administration of the general and state govern¬
ments, and in the end to destroy the beneficial effects of our
free and happy institution's : Wherefore,

5 - Resolved, That the following be proposed to the several
states composing the Union, and which, when adopted by
three-fourths of the same, shall be considered as a part ot the
constitution of the United States, viz.

“ No state shall hereafter establish or authorise any bank,
or pa«s any act of incorporation for banking purposes, or
■with banking powers ; nor shall the congress id the United
States establish oi 1 authorise any bank, or branch thereof, to
bo located within the limits of any state, without the consent
of such state previously given by an act of the, legislature
thereof, passed by a majority of two-thirds of each branch
thereof, and subiect to such conditions and regulations

THE SENATE. 1-99

G. Resolved, That the acting governor of this state be re¬
quested to transmit copies of the foregoing resolutions to the
executive of each state, to be submitted to the legislatures
thereof, for their approbation of the proposed amendment to
the constitution of the United States, and also transmit copies
thereof to the president of the United States and to each of
the senators and representatives in congress from this state.

The fourth resolution was amended by expunging there-
from the words (> more unfeeling than monarchy.’*

Mr Bledsoe, from the majority of the vote given on the art’s
inst. whereby the blank therein was tilled with the word
“ seven.” moved to re-consider the vote, and it was resolved
in the affirmative.

The blank was then filled with the word <■' twenty.”

Mr. Wickliff moved to lay the resolutions on the table until
<iic 1.0th day of .July next; and the question being taken
thereon, it was resolved in the negative—Yeas 14, nays 18-

The yeas and nays being required thereon by Messrs.
Bledsoe and Bridges, were as follows, to wit:

These who voted in the affirmative, are, Messrs. Barry,
’Bartlett, Chambers, Churchill, Davidge, Davidson,Flemings
Griffin, Johnson, Otvcns, Perrin, Slaughter, Southgate and
■Wickliff.

Those who voted in the negative, are, m-p. Speaker, and
Messrs. Bledsoe, Bridges. Crutcher, Eve, Faulkner, Ford,
Given, Harrison, Jones, Mason, South, Taylor, Thompson,
Wilson, Wood, Worthington and Yancey.

And so tiie said motion was rejected.

Mr. Johnson then moved to strike out the second resolu¬
tion ; and the question being taken thereon, it was resolved
in the negative—Yeas 13, nays 19.

The yeas and nays being required thereon by Messrs-
Bledsoe and Yancey, were as follows, to wit:

Those who voted in the ■ affirmative, arc, Messrs. Barry,.
Bridges, Chambers, Churchill, Crutcher, Davidson, Flem¬
ing, Johnson, Perrin. Slaughter, Southgate, Wickliff and
Wood. '

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Bartlett. Bledsoe, Davidge, Eve, Faulkner, Ford,
Given, Griffin. Harrison, Jones, Mason, Owens, South,
Taylor. Thompson, Wilson, Worthington and Yancey.

Mr. Johnson then moved to amend the resolutions by strik¬
ing out, the fourth resolution, and it was resolved in the neg¬
ative—Yeas 1,1, nays 21.

JOURNAL OF

Tiie yeas and nays being required thereon by
Bledsoe and Given, were as follows, to wit:

Those who voted in the affirmative, are, Messrs.
Bridges. Chambers, Churchill, Crutcher, l 1 Inning, .
Perrin, Slaughter. Southgate and Wirkliffi.

Those who voted in the negative, arc, Mr. Speak
ileft. Bledsoe, Davidge. Davidson, Fvc
n. Griffin, Harrison. Jones, Mason
i hompson, Wilson, Wood, Y\ orthiu

Messrs. Bar
ner, Ford, Giver
South, Taylor, i
Yancey.

The question was then taken on adopting the resolutions as
amended, and it was resolved in the negative—Yeas 15,
nays 17.

The yeas and nays being required thereon by Messrs,
liiedsoe and Yancey, were as follows, to wit:

T hose who voted ir-i the affirmative, are, air. Speaker, and
Messrs. Bledsoe, Bridges. Ford, Given, Harrison, JoneS,
Mason, South. Taylor, Thompson, W ilson, Wood, Worth¬
ington and Yancey.

Those who voted in (lie negative, arc, Messrs. Barry,.
Bartlett, Chambers, Churchill, Crutcher, Davidge, David¬
son, F\e, Faulkiicp, Fleming, Griffin. Johnson, Owens,
Perrin, Slaughter. Southgate and W.iekliffi.

And so the said resolutions were rejected.

On the motion, of Mr. Crut cher,

Ordered, That the "committee of the whole house on the
state of the commonwealth he discharged from the further
consideration of a hill from the house ot representatives, en¬
titled “ an act to alter the mode of taking in lists of taxable
property.”

Mr. Southgate moved to amend the said bill by adding
thereto the following section, to wit:

And be it further enacted, That any person aggrieved by
the valuation of a commissioner, shall he allowed an appeal
from such valuation to the county court appointing the com¬
missioner. at their next term after such valuation is returned
to the clerk of such court ; w hereupon the said court may,
upon hearing testimony, or from their own knowledge, cor¬
rect such valuation, if it is proper so to do.

And the question being taken thereon, it was resolved in
the affirmative-—Yeas 17. nays 12.

The yeas and nays being required thereon bj r Messrs.
Yancey and Given, were as follows, to wit:

the senate.

Tones- Owens, Perrin, Smith, Southgate, Taylor, Wilson,
Wood, Worthington ami Yancey.

Those who voted in the negative, arc, mcss.i-s. Barry, Bart¬
lett Bledsoe, Bridges, Churchill, Crutcher, Davidge, Eve,
Harrison, Slaughter, Thompson and WieklilT.

The said bill was further amended at the clerk s table ami
read a third time ; and the question being taken on the pas¬
sage thereof as amended, it was resolved in the affirmatne

Y Tbe yeasmul^nays being required thereon by Messrs.
Crutcher and Faulkner, were as follows, to wit =

Those who voted in the affirmative, are, Mr. fapeahei, an l
Messrs. Barry, Bartlett, Bledsoe, Bridges, Chambers,
Churchill, Crutcher, Davidge, Davidson, Eve, Harrison,
Johnson, Slaughter, Southgate, Taylor, Thompson and

" Those who voted in the negative, are. Messrs. Fleming,
Faulkner. Ford, Given, Griffin. Jones, Mason, Owens, Per-
iiii South Wilson. Wopd, Worthington and lance).

Resolved, That the said bill as amended do pass, and that
Mr. Crutcher inform the house of representatives tliereot an
request their concurrence in the amendments.

The senate received a message m writing from the lieuten
ant-governor, by Mr. Waggener, containing certain nomina¬
tions, which were taken up and read as follows, to wit.

Gentlemen of the Senate, . ,

I nominate for your advice and consent, Johnson DySgrt.
lieutenant colonel of the 79th regiment, in place ol Absalom

llentfro,resigned. . . .... nf

William Fish, major of the same regiment, in place o.

Johnson Dvsart, promoted. . . e

Alney M’Lean, colonel of the 40th regiment, in place ot

Charles Campbell, removed. .

William Martin, lieutenant colonel of the same regiment,

in place of Alney M’Lean, promoted.

Ilenry W. Black, major of the same regiment, in place ot

William Martin, promoted. ' .

William B. Booker, brigade quartermaster of the 8tli du

gade. in place of James Hughes, resigned. , f

William Diggers, major of the 4th regiment, m place ot

William Kendrick, promoted. nf

James Simrall, notary public m and for the county

Shelbv and town of Shelbyville.

2 A

HHi__

i' HlJl't&r

202

JOURNAL OP

Edward Tyler, jun. notary public in and for the town e?
Louisville and county of Jefferson.

GABl. slaughter.

January 29th, 1819.

The senate also received information that the lieutenant-
governor did on yesterday approve and sign an enrolled bill
which originated in the senate, entitled “ an act to amend the
act regulating the towns of Millersburg, Paris, Bardstown,
and for other purposes, approved February 4, 1817.”

Ordered , That the clerk inform the house of representatives
thereof.

A message from the house of representatives, by Mr.
Hardin:

Mr. Speaker —The house of representatives have passed
bills from the senate of the following titles, to wit : An act
to amend and reduce into one the several acts authorising
changes of venue in civil cases, and an act concerning the
duties of the register of the land-office, with amendments, in
which they request the concurrence of the senate.

Ami then he withdrew.

The amendments proposed to the former bill were twice
read and disagreed to.

Ordered , That Mr. Owens inform the house of representa¬
tives thereof.

The amendments proposed by the house of representatives
to a bill entitled “ an act erecting an election precinct in
Estill county,” were taken up, twice read and concurred in
with an amendment.

Ordered, That Mr. Mason inform the house of represent¬
atives thereof, and request their concurrence in the amend¬
ment.

An engrossed bill to incorporate the Broadway Bridge
Company, was read a third time ; and the question being
taken on the passage thereof, it was resolved in the affirma¬
tive—Yeas 23, nays 3.

The yeas and nays being required thereon by Messrs.
Jones and Fleming, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Barry,
Bartlett, Chambers, Churchill, Crutcher, Davidge, Eve,
Fleming, Ford, Given, Griffin, Harrison, Johnson, Owens,
Perrin, Slaughter, South, Southgate, Taylor, Wickliff, Wil¬
son, Wood and Yancey.

I hose who voted in the negative, are, Mr. Speaker, and
Messrs. Faulkner and Jones,

Jtl

1 |W ■

THE SENATE.

203

Resolved, That the said bill do pass, and that the title be
« an act to incorporate the Broadway Bridge Company.”

Ordered, That mi*. Johnson do carry said bill to the house
of representatives, and request their concurrence.

And then the senate adjourned.

SATURDAY, January 30, 1819.

The senate assembled.

Mr. Davidge, from the committee of propositions and
grievances, made the following report, to wit:

The committee of propositions and grievances have accord¬
ing to order had under consideration the petition of J. P.
Aldridge, praying that a law may be passed authorising a
lottery for the benefit of the Lexington Lancasterian school,
and have come to the following resolution thereon, to wit:

Resolved, That said petition is reasonable.

W hich being twice read was concurred in.

Ordered, That the said committee prepare and bring in a
bill pursuant to said resolution.

On motion,

Ordered, That the committee of the whole house on the
state of the commonwealth be discharged from the further
consideration of a bill to amend the law concerning execu¬
tions, a bill concerning the Kentucky Seminary, and a bill to
amend tiie act establishing independent banks.

Mr. Faulkner moved to lay the first bill on the table until
the 1 Oth day of March next ; and the question being taken
thereon, it was resolved in the affirmative—Yeas 1G, nays

The yeas and nays being required thereon by Messrs.
Bledsoe and Faulkner, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Bridges,
Churchill, Crutcher, Davidson, Eve, Faulkner, Ford, Given,
Harrison, Johnson, Jones, Owens, Slaughter, Southarate,
Wickliff and Worthington.

Those who voted in the negative, arc, sir. Speaker, and
Messrs. Barry, Bartlett. Bledsoe, Davidge, Fleming, GriUin,
Mason, Perrin, South, Taylor, Thompson, W ilson, Wood
and Yancey.

^ 1 he second bill was committed to Messrs. Bledsoe, Owens,
Bridges, Davidge and Churchill ; and the third to Messrs,
Perrin, Southgate and Thompson.

Mr.Barry,from the committee lor courts oi jusull, im¬
ported a bill for the benefit, of Lawrence Flournoy, which wa3
read the first time ; and the rule being dispensed with, the
said bill was read a second and third time (having been

Sl Resoh‘ed, That the said bill do pass, and that the title bo
« a„ act for the benefit of Lawrence Flournoy.

Ordered, That the cleric do carry said bill to the house oi
representatives* and request their concurrence.

The amendment, proposed by the house ot represent.! n .
to a bill entitled “ an act concerning the duties ol the register
of the laiul-office,” was taken up, twice read and eoncurreu

Ordered, That the clerk inform the house of representatives

th On the motion of Mr. Wilson, leave was. given to bring m
a bill to extend in part an act to continue m force an act ot
appropriating the vacant lands in this commonwealth, ap¬
proved January the 9tli, 1818 ; and Messrs. V ilson, Owens,
Slaughter, Worthington and Givens were appointed a com¬
mittee to prepare and bring in the same.

A message from the house of representativ es, y -

J ’ ^Speaker —The house of representatives have adopted a

resolution for the purchase and disposition ol a certain num-
Jber of copies of MunselFs Map of Kentucky > in n\ uc * )

request the concurrence of the senate.

And then lie withdrew.

A message from the house of representatives, b) JUi.

Barbour: , .

Mr. Speaker —The house of representatives disagree to

the amendment proposed by the senate upon concurring m
amendments proposed by the house of representatives o a >1

entitled “ an act to erect an election precinct in Lstill county.
And then lie withdrew.

The said amendment being again read,

Resolved, That the senate adhere to their amendment, and
that Mr. Mason inform the house of representatives thereof.

An engrossed bill authorising a lottery for the purpose o*
opening a road from New-Castle to the mouth of Licking,
was amended at the clerk’s table and read a third time

Resolved, That the said bill do pass, and that the title be

“ an act authorising certain lotteries.” ,

Ordered, That the clerk do carry said bill to the house o.
representatives and request their concunecce.

TIIE SENATE. 205

4 bill from tlie house of representatives, entitled “ an act
far tup benefit of Frances Lewis,” was read the first time;
and tlie rule being dispensed with, it was read a second and

Resolved, unanimously, That the said bill do pass, and taat
the clerk inform the house of representatives thereof.

The senate then, according to the standing order of the day,
resolved itself into a committee of the whole house on the
state of the commonwealth, Mr. Faulkner in the chair ; and
after some time spent therein, Mr. Speaker resumed the
chair, and #. Faulkner reported, that the committee had
according to order resumed the consideration of a nil! I com
tlie house of representatives, entitled '• an act to amend tlie
laws incorporating independent banks,” and had made some
further progress therein, but not baying time to go through
the same, had instructed him to ask lor leave to sit again.

And then the senate adjourned.

MONDAY, February 1, 1819.

The senate assembled.

The speaker being absent, Mr. Henry Davidge was elected
speaker pro tern.; and being conducted to the chair, from
whence lie made acknowledgments .for the honor conferred on
him, and recommended tiic observance of good order and de¬
corum. „ „ .

Ordered, That Mr. Fleming inform tlie house of represent¬
atives thereof. . ...

Mr. Churchill presented the petition of sundry citizens ot
Louisville and Jefferson county, praying that they may have
the privilege of erecting a toll-bridge across the mouth ot

Which was read and referred to Messrs. Churchill-, Cruft ti¬
er, Bledsoe and Wickliff, with leave to report by bill or

otherwise. J , . ..

Mr. Taylor, from the. committee for courts ot justice, re¬
ported a bill for the relief of Elizabeth Armstrong, which
was read tlie first time; and the rule being dispensed with,
the said bill was read a second and third time (.having been

engrossed). .... ,

Resolved, That the said bill do pass, and that the title be
« an act for the relief of Elizabeth Armstrong. ’

Ordered, That Mr. Owens do carry said bill to toe house ot
representatives, and request their concurrence.

JOURNAL OP

Mr.'Fleming presented the petition of George M. Beding-
er, praying that he may be permitted to erect a toll-bridge
across Main Licking, between his mill and upper ferry.

M liich was read and referred to Messrs. Fleming, Barry,
Southgate, Perrin, Chambers and South, with leave to report
by bill or otherwise.

The following bills were reported from the select commit ¬
tees to whom they were referred, to wit:

By Mr. Perrin—A bill to amend the act establishing inde¬
pendent banks.

By Mr. Fleming—-A bill to prohibit the exportation of
slaves for sale.

By Mr. Owens—A bill concerning the Kentucky Semina¬
ry.

And by sir. Wickliff-—A bill from the house of representa¬
tives entitled <• an act to authorise the sale of the donation
lands of the Salem Academy.”

The first, second and third, with amendments, further
amendments being offered to those of the first, which together
with the said bills were severally ordered to be laid on the
table.

The amendments to the second were concurred in, and the
bill ordered to he engrossed and read a third time.

The fourth bill was read a third time.

Resolved, That the said bill do pass, and that the clerk
inform the house of representatives thereof.

On the motion of sir. Southgate, leave was given to bring
in a bill to continue in force an act to suspend law process in
certain cases ; and Messrs. Southgate, Bledsoe, Barry; and
Perrin were appointed a committee to prepare and bring in
the same.

The following bills were reported from the several commit¬
tees appointed to prepare and bring in the same, to wit :

By mix Faulkner — A bill to amend an act entitled “ an act
to amend the militia laws.”

By Mr. Southgate—A hill to continue in force an act to
suspend law process in certain cases.

By Mr. Barry—A bill to amend the act entitled “ an act
to incorporate the Fayette and Madison Turnpike Company,
and for other purposes.

And by Mr. Wilson—A bill to continue in force, an act for
appropriating the vacant land of this commonwealth.

Which were severally read the first time; and the rule
being dispensed with, the first, third and fourth bills were

THE SENATE.

read a second time, and the third a third time (having been
engrossed).

'Resolved, That the third bill do pass, and that the title be
“an act to amend an act entitled an act to incorporate the
Fayette and Madison Turnpike Company, and for other pur¬
poses.” 1

Ordered, That the clerk do carry said bill to the house of
representatives and request their concurrence.

The first bill was committed to a committee of the whole
house, on the state of the commonwealth, the fourth ordered to
be laid on the table, and the second ordered to be read a sec¬
ond time.

The nominations made on the 26th and 29th of January,
were severally taken up and read.

Resolved, That the senate advise and consent thereto, ex¬
cept to those of John Newman, major of the 41st regiment,
and Lewis' Viemont. notary public in and for the. town of
Millersburg and county of Bourbon, which were ordered to
be laid on the table.

Ordered, That Mr. South acquaint the lieutenant-governor
therewith.

The senate then, according to the standing order of the
day, resolved itself into a committee of the whole house on
the state of the commonwealth, sir. Churchill in the chair-
ami after some time spent therein, Mr. Speaker resumed the
chair, and sir. Churchill reported, that the committee had
according to order resumed the consideration of a hill from the
house of representatives, entitled “ an act to amend the laws
incorporating independent banks,” and had gone through the
same and made sundry amendments thereto,' which he handed
in at the clerk's table.”

^ iire said bill was taken up and read as follows, to wit:
Whereas doubts are entertained as to the amount of the
tax to be paid, and when payable bv the several banking in¬
stitutions incorporated by the acts" passed at the last session
of the general assembly, entitled “an act to establish inde¬
pendent banks in this commonwealth,” and an act supple¬
mentary to the act establishing independent banks ii> this com¬
monwealth :” To remove which,

$ n ;' enacted by the -general assemble nf the common

wealth oi Kentucky, That said institutions shad annually, in
the. month of January, pay into the public treasury ofthis
state a tax at the rate ot one half of one per cent, outlie
amount of the capital of such institution, which shall he paid
ia on the first day of said month. And v.heii the said capi-

JOURNAL OF

tal, or any part of it, shall not have been paid in for one year
before said day, the said tax shall be paid on the capital m
proportion to tlic time which said capital, or such part time-
of, shall have been paid in.

§2. The tax doc from said institutions for the. year 1818,
shall be paid on or before the first day ol June next.

<S 3 The tax shall be paid on the, whole amount of the stock
which' said institution may by law be entitled to. unless the
cashier shall make out a statement of the true amount ol stock
paid in. and verify the same by affidavit, and produce it to
the auditor before the payment of the tax'as herein directed.

< 54 . if any of said institutions shall at any time fail to pay
the tax tbit maybe due from them. it. shall be lawful lor the
auditor of public accounts to proceed against them at the next
succeeding general court, by motion without notice, under
the rules and regulations and penalties relating to delinquent

<5 5 Jn d be it further enacted. That from and alter the first
dav of August next, the president and directors of each ol
said institutions shall' be answerable out of their private or
individual estate for all notes issued or put, into circulation
after said date. And to prevent resignations made, with a
-view of avoiding responsibility, a president and directors
shall remain liable under the meaning of this art. notwith¬
standing any resignation, until a successor shall he electee
chnil cnVrr nnmi the. duties ofliis office: I’r traded, liow-

THE SENATE,

brought against them until the creditor shall first obtain judg¬
ment against the institution, and have a fieri facias placed in
the hands of the proper officer, and it shall he returned in sub¬
stance not satisfied. A transcript of the record of the suit
against the corporation shall be evidence of the plaintiff's de¬
mand against the corporation, and of their failure or refusal
to pay the same.

§ 9. Be it further enacted , That in all suits brought against
the president, directors and stockholders of any corporation
in virtue of this act, it shall he the duty of the cashier or
clerk holding the books showing who are the president, di¬
rectors and stockholders of the company or corporation, to
exhibit the same in court when subpoenaed ; and said hooks
shall he prima fpcic evidence of the fact which may appear
from the inspection of them. And no transfer of stock made
after suit brought against any stockholder, shall exempt such
stockholder from his liability under the provisions of th ;3
act.

$ 10. If any of said institutions shall, after said first day of
August next, issue or circulate, or cause to be issued or cir¬
culated, any one bank note of a date prior to said day, it shall
be prima fiacie evidence that any other note sued on after said
date lias been so issued : and if any defendant shall allege
that. the. note sued on was issued before, and not after said
day, the burthen of the proof of such allegation shall lie on
the defendant: Prervided, the plaintiff adduce proof of the fact
aforesaid.

$11. It shall be lawful for any of the stockholders of any
of said institutions, on or before the said first day of August
next, to give notice of his wish to withdraw his stock, from
such institution. Afler such notice given, the stockholder
may discount or. set off his stock in such institution (accord¬
ing to the amount he has paid in) against any debt he may
owe the institution. After such notice, the institution may,
within sixty days thereafter, pay him by the assignment of
any note discounted by such institution, on any person resi¬
dent in the county in which the institution is situated ; in
which pay meat legal interest shall he allowed to the stock-
fudder from the time of the last dividend made to the time
the note may fall due ; but no note shall be so transferred
that may he under protest. If the institution shall not so pay
■the stockholders giving notice as aforesaid, the amount.of
their stock, together with their due proportion of the divi¬
dends, it shall be paid on the first day of January 1820, gs
other debts due by the institution.

so®

~r‘

JOURNAL OF

§ 12. The executor or administrators oT deceased person*},
or tho guardian or parent of any infant, may give the notice
a id withdraw the stock under this art.

§ 13. Be if further evaded, That in those cases where any
independent hank of this commonwealth, authorised to he in¬
corporated by the acts approved January 26th and February
3d 1818, shall have failed to carry the same into-operation,
the charter of such independent bank is hereby repealed.

14 . Be it further-enacted. That the notes of all those banks
which <omplv with the. provisions of this act, and which shall
be issued and dated after the first day of August next, shall
be received in payment of revenue tax and county levy, and
paid into the public treasury in the same manner as the notes
of the Bank of Kentucky now are : Provided, however, that
the note or notes of any independent bank shall not be receiv¬
ed in the payment of taxes or county levies, unless such bank,
hy its president or cashier, shall, on or before the 1 Oth day of
3VJarc.li in each year, enter into bond with the auditor of pub¬
lic accounts, pa) able to the governor of this commonwealth
for the time being and bis successors, with such security as
the said auditor shall approve, in the sum of twenty thousand
dollars, conditioned that such bank shall pay all notes receiv¬
ed as aforesaid ; and the auditor shall certify the same to the
sheriffs of the several counties accordingly, for their govern¬
ment in collecting tlie revenue taxes and county levy atore-

3 And the question being taken upon concurring in the first
amendment, which proposes to strike out from the 5th sec¬
tion the words “ hut nothing in this section contained shall
lessen their liability as stockiioUlws,” it was resolved in the

TEE SENATE.

iBKi

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Barry, Bridges, Chambers, Churchill, Crutcher,
Davidson. Eve, Fleming, Griffin. Harrison, Johnson. Mason,
Owens, Slaughter, Southgate, Thompson, Wickliff, Wood
and Wortfcington.

Those who voted in the negative, are, Messrs. Bledsoe,
Faulkner, Ford, Jones, Perrin, South, Taylor, Wilson and
Yancey.

Mr. Fleming then moved to disagree to the amendment of¬
fered to the 14th section, which is in these words: “ Which
comply w ill) the provisions of this act, and which shall be is¬
sued and dated after the first day of August next.’'

And thequestion beingtaken on disagreeing to said amend¬
ment, it was resolved in the negative—-Yeas 6 , nays 23.

The yeas and nays being required thereon by Messrs.
Bledsoe and Jones, were as follows, to wit :

Those who voted in the affirmative, are, Messrs. Eve, Flem¬
ing, Griffin, Mason, Perrin and Worthington.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Barry, Bledsoe, Bridges, Chambers, Churchill,
Crutcher, Davidson, Faulkner, Ford, Harrison, Johnson,
tiones, Owens, Slaughter, South, Taylor, Thompson, Wick¬
liff. Wilson, Wood and Yancey.

The question was Alien taken upon concurring in the
amendment which proposes to strike out the fifth section, and
it was resolved in the affirmative—Yeas 16 , nays 11 .

The yeas and nays being required thereon by Messrs.
Bledsoe and Jones, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Barry, Bridges, Chambers, Churchill, Crutcher,
Davidson, Eve, Fleming, Johnson, Owens, Slaughter, South-
gate, Thompson, Wood and Worthington.

Those who voted in the negative, are, Messrs. Bledsoe,
Faulkner, Ford, Griffin, Harrison, Jones, Mason, Perrin,
South, Taylor, V. ickliff, Wilson and Yancey.

The residue of the amendments were then concurred in
with amendments.

Mr. Taylor moved to amend the first section, by insert*^
the word “ stock” after the word capital, and by strik®L
out from the word “ month,” the residue of the section.

And the question being taken thereon, it was resolved ■
the negative—Yeas 3, nays 24. %

The yeas and nays being required thereon by Messrs-'
Taylor and Jones, were as follows, to wit:

213 JOURNAL OF

Those who voted in the affirmative, are, Messrs. Jones,
Taylor and Wield iff.

Those who voted in the negative, are, Mr. Speaker, arid
Messrs. Barry, Bledsoe, Bridges, Chambers, 'Churchill,
Crutcher, Davidson, Eve, Faulkner. Fleming, Ford, Griffin,
Harrison, Johnson, Mason, Owens, Ben in, Slaughter, South,
Southgate, Wood. Worthington and Yancey.

Mr. Johnson then moved to amend the bill by attaching
thereto the following section, to wit:

Be it further enacted, That hereafter the sum of one half,
per cent, is hereby laid on each share in the joint and capi¬
tal stock of the Bank of Kentucky, (except on the stock own¬
ed hv the state) as a tax, in lieu of the tax now imposed by
law; to he paid by the president, directors and cashier of
said hank, in the treasury of this state, at the times, and in
the manner, and under the same rules and regulations as now
required by law.

And the question being taken thereon, it was resolved in
the affirmative—Yeas IS, nays 14.

The yeas and nays being required thereon by Messrs.
Harrison and Bridges, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Barry,
Churchill, Eve, Faulkner, Ford, Griffin, Harrison, Johnson,
Macon, Perrin, Slaughter, South, Wick!iff, Wilson and
Worthington.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Bledsoe, Bridges, Chambers, Crutcher, Davidson,
Fleming, Jones, Owens, Southgate, Taylor, Thompson,
Wood aiW Yancey.

The question was then taken on reading the hill a third
time as amended, and it wa9 resolved in the affirmative—
Yeas 24, rays 5.

The yeas and nays being required thereon by Messrs,
Chambers and Bridges, were as follows, to wit:

Those, who voted in the affirmative, are, Mr. Speaker, and
Mjessrs. Barry, Bledsoe, Bridges. Churchill, Crutcher, Eve,
Faulkner, Fleming, Ford, Harrison, Johnson, Jones, Owens,
Slaughter, South, Southgate, Taylor, Thompson, Wickliff,
jjBlson, Wood, Worthington and Yancey.
i^Priiose who voted in the negative, are, Messrs. Chambers,
Bividson, Griffin, Mason and Perrin.

A message from the house of representatives, by Mr-

THE SENATE.

213

Mr. Speaker —The house of representatives have passed a
bill from the senate, entitled “ an act for the relief of Eliza
G. Ball.”

And then he withdrew.

A message from the house of representatives, by Mr.
Pope :

Mr. Speaker —The house of representatives concur in the
amendments proposed by the senate to a hi'! entitled “ an act
altering the mode of taking in lists of taxable property.”

And then he withdrew.

A message from the house of representatives, by Mr.
Barbour:

Mr. Speaker —The house of representatives have taken in¬
to consideration the amendments proposed by the senate upon
concurring in those proposed by the house of representatives
to a bill entitled “ an act to erect an election precinct in Esti.il
county,” and solicit the appointment of a committee of con¬
ference, having appointed a committee on their part.

And then he withdrew.

A message from the house of representatives, by Mr.
Hardin:

Mr. Speaker —The house of representatives solicit, the ap¬
pointment of a committee of conference on the part of the sen¬
ate, on the disagreement between the two houses concerning
the amendments proposed to a bill entitled “ an act to amend
and reduce into one the several acts authorising the change
of venue in civil cases.”

And then he withdrew.

And then the senate adjourned.

TUESDAY, February 2, 1819.

The senate assembled.

The speaker appeared and resumed the duties of the chair.

Messrs. Churchill, Crutcher and Wickliflf were appointed
a (committee on the part of the senate, to confer with one from
the house of representatives, on the disagreement of (lie two
houses upon the subject of an amendment to a hill entitled
s * an act to erect an election precinct in Estill county. ’

Ordered, That Mix Churchill inform the house of represent¬
atives thereof.

Messrs. Owens, Barry and Bledsoe were appointed a com¬
mittee on the part of the senate, to confer with one from the

_jfl

$14 JOURNAL OF

fiouse of representatives, on the disagreement ot the two
houses as to the amendment to a bill entitled “ an aet^ to
amend and reduce into one the several acts authorising
changes of venue in civil cases.”

■Ordered, That Mr. Owens inform the house of representa¬
tives thereof.

The nominations of Simeon N. Calfus, major of the 33rd
regiment, and John Newman, major of the 4 aSl regiment,
were taken up and read.

Resolved, That the senate advise and consent to the said
appointments, and that Mr. Churchill acquaint the lieutenant
fovcrnoi' therewith.

A message from the house of representatives, by Mr,
Sharp :

Mr. Speaker— The house of representatives concur in the
resolution from the senate for a final adjournment ol the le¬
gislature.

And then he withdrew.

A bill to amend the law incorporating independent banks,
was tajeen up and the amendments concurred in ; and the
•question being taken cn reading the bill a third time as amend¬
ed, it was resolved in the affirmative—Yeas 15. nays 11.

The yeas and nays being required thereon by Messrs.
Perrin and South, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs, Bledsoe, Bridges, Davidge, Faulkner, bord, .Tones,
Perrin, South, Southgate, Taylor, Wilson, 'Wood, Worth¬
ington and Yancey.

Those who voted in the negative, are, Messrs. Barry,
Chambers, Churchill, Crutcher, Davidson, Gridin, Karri-
son, Mason, Owens, Thompson and Wickliff.

A hill from the house of representatives, entitled “ an act
to amend the laws incorporating independent banks,” was
read a third time as amended.

Resolved, That the said bill as amended do pass, and that
the words “ a.arl for other purposes,” be added to the title ;
and that mi*. Churchill inform the house of representatives
thereof and request their concurrence in the amendments.

'The resolution from the house of representatives for the
purchase and disposition of a certain number of copies of
MunselTs Map of Kentucky, was taken up and read as fol¬
lows. to wit:

i?i tub House of Representatives, Jan. 30, 1819.

Resolved hijihegeneral assembly of the commonwealth of
KcnUizs v. That the secretary of State be directed to purchase

THE SENATE

a sufficient number of copies of Munsell’sMap of Kentucky,

' ...to be appropriated in the following mannerOne for the
government house, two for the senate, chamber, two for the
representative chamber, one to each of the public offices iti
Frankfort* and one to eacli county court, to be kept in th*
clerk’s office of the county ; and that the amount of said
purchase be deducted by the auditor of public accounts from
the debt due by said Muusell to the state, at the subscription
price of said mapsf.

Extract, tV.—Attest, IL S. TODD, C. H. II.

Which being amended by inserting after the word county,
“ four to the Transylvania University, and one to eacli public
seminary of learning in the stale.” w as concurred in.

Ordered, That Mr. Crutcher inform the house of represent¬
atives thereof, and request their concurrence in the amend¬
ment.

On the motion of Mr. Jones.

ResoLved, That the standing hour of adjournment during
the residue of the present session he changed from 10 to 9
o’clock.

Mr. WicklifF, from the joint committee appointed to exam¬
ine the state of the accounts of the several commissioners ap¬
pointed under the act for the improvement of internal navi-
gation, laid before the senate the following documents, to
wit:

Auditor's Office, Jan. 27th 1S19-

Dcar Sir,

Agreeable to your verbal request, 1 have made out a state¬
ment, which accompanies this, of monies received and paid by
the commissioners appointed under the act. of last session,
providing for the improvement of internal navigation. The
statement contains all that this office affords on that subject.
From conversations with some of the commissioners, anil
other gentlemen, 1 learned that the commissioners of Lick¬
ing river have expended monies on that stream for which
they have not as yet been able to get their accounts certified
and transmitted to this office : It is said the amount will lie
equal to the balance now to their debit. One of the commis¬
sioners of the Kentucky river, has not rendered an account of
money expended by him Ilis account will, it, is expected, he
tiled immediately after the next Franklin county coiirt, and
the balance, if any, in his hands, will he paid over to the
treasurer. So far as i have learned, the commissioners of
Salt, Green, ami Cumberland.rivers, have rendered accounts
for all monies expended by them.. Such sums as are uaac-

JOURNAL OF

counted for by the commissioners, they will be requested to
pay over to the treasurer: If they fail to do so, coercive.
measures will be pursued for its recovery.

1 am, very respectfully,

Your obedient servant, } MADISON.

M, II. WicKiuirr, Esq.. 0 / ilie Senate.

Worthington, Donan and Merrill, Commissioners of Green

River. ■

Rec’d. warrants on the treasurer to the amountof §10,000 00
They have expended as per accounts fled with the
auditor, viz.

By David C. Donan, 2,215 01

Do. 371 82

Samuel Merrill, 1,034 08

■Samuel Worthington, 3,561 25—$57,182 16

Unexpended and in the hands of the above com’rs. §2,817 84

Garrard, Tantis and Taylor, commissioners of the Kentucky

River.

Rec’d. warrants on the treasurer to the amount of 8-8,133 GO
They have expended,

By John Yantis, 2,765 23

Daniel Garrard, 2,242 81—85,008 04

They have paid into the treasury,

By John Yantis, 534 77

Daniel Garrard, 257 19- §791 96

-s 5,800 00

Not accounted for by the commissioners, 8 2,33j 00

Chnrchi /. Waters and M'Lcan, Commissioners of Salt River „
Rcr’d. warrants on the treasurer to the amout of 8 8,000 GO
They have expended.

By-John Churchill, 1,474 03

Philemon V oters, 1.587 20

Samuel M’Lcan, 2,17 8 97—S 5,240 20
Paid the treasurer.

By Samuel ji'Lcan, 501 03

J —-g 5.741 23

TIIE SENATE

Stockton, Garrard and House, Commissioners of Lickin '»

River.

Rec’d. warrants on the treasury for g g ooo 00

They have expended, viz.

By William House, 658 83

Do. 17 50

James Garrard, jun. 1,750 83—$>2,427-16

Paul the treasurer,

By James Garrard, 4,584 50

-g 7,011 66

Not accounted for, c ago n±

Givens, Newell and Raul, Commissioners of Cumberland

River.

Have received from the treasurer, g 4,000 00

They have expended, viz.

By John Paul, 1,321 57

John R. Givens 67 50—g i>389 07

Paid the treasurer,

By John Paul, 11 76

Not accounted for.

The amount received of the treasurer
commissioners is

The amount which they h ive expen¬
ded so far as their accounts have
been rendered, amounts to,

The amount which they have paid
to the treasurer is

Amount not accounted for, g 1 0,997 is

J. MADISON, dud.

January 27th, 1819.

IV hich were severally read and laid on the table.

A message irom the house of representatives, by sir.
Smith:

Mr. Speaker —The house of representatives have passed a
hill entitled •• an act to alter and amend the law concerning
usury; ia which they request the concurrence of the senate.
And then he withdrew.

glB JOURNAL Of

On the motion of Mr. Fleming, leavers
port a hill for the benefit of Thomas 1 riplett; wInch was
be first time and ordered to be read a second time.

A message from the house ot representatives, by Mi.

° house of representati ves have passed a-

bifl'tm?:?"™ lor ,l,o M rf Wj. Bolt,” iu
which they request the concurrence of the senate.

And then he withdrew.

On the motion of Mr. Faulkner,

Ordered, That the committee of the whole house on the
state of the commonwealth he discharged from the further

consideration of a bill to amend an act entitled “an act to

amend the militia laws.” . ... ,,

Which being done, the bill was ordered to be laid on the

ta1 Engrossed bills, to wit: A bill to incorporate a company
to improve the navigation of Elkhorir; a bill lor the bepeht
of the heirs and devisees o( Andrew 1 odd ; a bill more effec¬
tually to provide for collecting money payable to the common¬
wealth ; and a bill concerning the Kentucky seminary ; were
severally read a third time, and the blanks in the

UesoLved, That the said hills do pass, and that the titles bi,
respectively, “ an act to incorporate a company to USprove
the navigation of Elkhorn y an act for the benefit of the l eip
and devisees of Andrew Todd ; an act mere effectually to
provide for collecting money payable to the commonwealth ,
and an act concerning the Kentucky seminal).

Ordered, That Mr. Barry do carry the first, mv. hleimng
the sorond, and the clerk the third and fourth hills to the
house of representatives, and request their concurrence.

Kills from the house of representatives of the following ti¬
tles to wit • 1. An act for the benefit of John 1’. iliomas,

late treasurer; 2. an act giving; additional powers to the
trustees of the towns of Louisville and Nicholas?illo ; b. at:
act to amend an act regulating the town of Prestonsbnrg, m
Flovd county ; 4. an act to declare Sandy river a navigable
-stream ; 5. an act to repeal the act of the 23rd January 1818,
relative to Morgantown ; 6. an act to authorise V, iliiam and
James Newton to build a dam and water grist and saw mib
on Rough creek, iu Ohio count) ; 7. an act allowing coro¬
ners and elisors pay for certain services; 8. an act concern¬
ing the town of Versailles; and 9. an act to provide lor the
revision of the statute laws of this commonwealth ; were sev-

THE SENATE.

.-orally read, the first, second, third,-fourth and fifth a second,
■(ime, and the remainder the first time.

The first, second and third were amended at the clerk's tar
hie; and the rule being dispensed with, the first, second,
third and fourth were read a third time, and the fifth, sixth,
seventh and eighth a second and third time. The ninth was
ordered to be read a second time.

Resolved, That the eight former hills do pass, and that Mr.
Churchill do carry the second, Mr. Fleming the third and
fourth, and the clerk the remainder of said bills to the house
of representatives, and request their concurrence in the
amendments.

Mr. Yancey, from the joint committee of enrolments, re¬
ported that the committee had examined sundry enrolled bille
of the following titles, to wit: An act for the benefit of
Frances Lewis ; an act for the benefit of Aliceanna Brown ;
an act to authorise Walter Preston-to convey certain lands in
this commonwealth ; an act to alter (lie mode of taking in
lists of taxable property ; and had found the Same truly en ¬
rolled.

A message from the house of representatives, by Mr,
Johnston:

Mr. Speaker —The speaker of the house of representatives
having signed sundry enrolled bills, J am instructed to lay
She same before the senate, for the signature of their speaker.

And then he withdrew.

Whereupon the speaker signed the said hills, being the
same reported to-day by mi-. Yancey, and they were delivered
to the joint committee, to be presented to (he lieutenant gov¬
ernor for his approbation. And after a short time, mix Yan¬
cey reported that they had performed that duty.

The following bills were read a second liinevto wit: A bill
to extend the June term of the Hardin circuit court, and to
alter the time of holding the June term of the, Nelson circuit
court; a bill authorising the trustees of the town of Bowling-
Green to levy additional taxes: a bill for the '■ o; t he
trustees of Liberty and Lewis academies ; a bill c -eddish
the Francis Peart college ; and a hill to routine >V
act to suspend law process in certain cases.

And the rule being dispensed with, the first - A

third bills were read a third time (having been in ,

Resolved, That tire four former bills do pass, a die,

titles be, respectively, “ an act to extend the Jam -1
JSmt’din circuit court, and to alter the time of ho!.. - i..w-

June term of the Nelson circuit court; an act to authorise
the trustees of the town <*f Bowling Green to levy additional
taxes ; and an act for the benefit at the trustees ol Liberty
and Lewis academies.”

Ordered, That Mi'. Crutcher do carry the first, and the
clerk the second and third bills to the house ot ropresentatiies

and request their concurrence.

The fourth bill was committed to the committee for courts
of, justire.

Mr. Barry moved to amend the fifth bill by striking out
the words “ the Bank of Kentucky or its branches.” and in¬
serting in lieu thereof the words “ any incorporated bank ot
this state.”

And the question being taken thereon, it was resohed in
the negative—Yeas 11, nays 19.

The yeas and nays being required thereon by Messrs.
Bledsoe and Davidge, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Barry,
Chambers, Churchill, Eve, Fleming, Johnson, Owens, Per¬
rin, Southgate, Thompson and Wood.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Bledsoe, Bridges, Crutcher, Davidge, Davidson,
Faulkner, Ford, Given, Harrison, Jones, Mason, Slaughter,
South, Taylor, Wickliff, Wilson, Worthington and Yancey.

Mr. Barry then moved to attach to said bill the following
proviso, to wit:

Provided , Thai if the Bank of Kentucky, or the Bank of
the United States, or either of them, shall suspend specie
payments, the indorsement authorised by this act shall no
longer be made, as it relates to the notes ot the bank sus¬
pending specie payments, so long as. the suspension con¬
tinues.

And the question being taken thereon, it was resolved in
the negative—Yeas 10, nays 22.

The yeas and nays being required thereon by Messrs.
Barry and Churchill, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Barry, Churchill, Davidge, Eve, Griffin, Johnson,
Jones, Mason and Perrin.

Those who voted in the negative, are, Messrs. Bledsoe,
Bridges, Chambers, Crutcher, Davidson, Faulkner, Flem¬
ing, Ford, Given, Harrison, Owens, Slaughter, South, South-
gate, Taylor, Thompson, Wickliff, Wilson, Wood, W orth-
ington and Yancey.

220'

JOURNAL OF

THE senate:

221

. The question was then taken on engrossing the bill anil
reading it a third time, and it was resolved in the affirma¬
tive—Yeas 23, nays 8.

The yeas and nays being required thereon by Messrs.'
Johnson and Bridges, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Bledsoe, Bridges, Chambers, Churchill, Crutcher,
Davidson, Fleming, Given, Griffin, Harrison, Mason,
Owens, Slaughter. South, Southgate, Taylor, Thompson,
WicklifiT, Wilson, Wood, Worthington and Yancey.

Those who voted in the negative, ace, Messrs. Barry,
Davidge, Eve, Faulkner, Ford, Johnson, Jones and Perrin.

A message from the house of representatives, by mi*.
Todd:

Mr. Speaker —The house of representatives have passed a
bill entitled “ an act to amend and continue in force for a
longer period the charter of the Bank ot Iventucky i:i
which they request the concurrence of the senate.

And then he withdrew.

A message from the house of representatives, by Mr,
Jones :

Mr. Speaker —The house of representatives have passed’
a bill entitled “an act authorising suits against heirs arid
devisees in certain cases, and limiting the time of bringing
suit against executors and administrators in which they
request the concurrence of the senate.

And then he withdrew.

The senate received a message in writing from the lieuten¬
ant-governor. by Mr. Waggoner, containing certain nomina¬
tions, which Were taken up and read as follows, to wit:
Gentlemen of the Senate,

I nominate for your advice and consent, George Britton,
major general of the new division denominated the 12th.

David Hogan, brigadier general of the 18th brigade, in
place of George Britton, if promoted.

William Smith, brigadier general of the new brigade de¬
nominated the 24th.

Johnson Dvscrt, colonel of the 79th regiment, in place of
William Smith, if promoted.

William Fish, lieutenant colonel of the same regiment, in
place of Johnson Dysert, if promoted.

Charles C. Carson, major of the same regiment, in place
of William Fish, if promoted.

Daniel Miller, colonel of the 54th regiment, in place of
David Hogan, if promoted.

JOURNAL 0

Jeremiah C. Orcan, lieutenant colonel of the 34th regi¬
ment, in place of Thomas Jameson, resigned.

Alexis Tipton, major of the same regiment, in place of Jer¬
emiah U. Qrear, if promoted.

Richard Ballengcr, notary public in and for the county of
Knox.

gabl. slaughter.

February 2d, 1819.

A message from the house of representatives, by Mr.
T. Ward :'

Mr. Speaker -—The house of representatives have passed a
hill entitled “an act to amend the act establishing a turnpike
on the road leading from the mouth of Rig Sandy through
the counties of Greenup and Lewis in a direction to Flcm-
ingsburg, to Joseph Watkins’, approved January 31.1818 ;”
in which they request the concurrence of the senate.

Andtk.cn he withdrew.

A message from the house of representatives, by Mr.
Underwood :

Mr. Speaker —The limise of representatives have passed a
bill entitled “an act to amend the charter of the Bank of
Green river in which they request the concurrence of the
■s.enate.

And then he withdrew;.

And then the senate adjourned.

WEDNESDAY, February 3, 1819.

The senate assembled.

A message from the house of representatives, by Mr.
Caldwell :

Mr. Speaker —The bouse of representatives have passed a
bill entitled “ an act. for the benefit of the Bethel academy;”
in which they request the concurrence of the senate.

And them he withdrew.

The said bill was taken up and read the .first time; and
the rule being dispensed with, it was read a second time,
amended at the clerk's table and read a third time.

Rcsnh'ctl, That the said bill as amended do pass, and that
the title be amended to read “ an act for the benefit of the
Bethel and Bourbon academies.’*

THE SENATE,

Mr. Speaker —The house of representatives have passed a
hill entitled “ an act to run the/bbundary line between this
state and the state of Tennessee, west of the Tennessee river,”
and they have adopted a memorial to congress relative to the
southern boundary line of this state; in which they request
the concurrence of the senate.

And then he withdrew.

AVhieh bill and memorial were severally read ; and the
rule being dispensed with, the bill was read a second time,
and they were boih ordered to be laid on the table.

A bill to amend an act entitled an art to amend the militia
laws, was taken up and committed to Messrs. Davidson,
Faulkner, Harrison, Jones and Eve.

A message from the house of representatives, by Mr,
M’Closky :

Mr. Speaker —The house of representatives have passed
a bill entitled “an act to establish the town of Bloomfield, in
Nelson county, and for other purposes;” in which they re¬
quest the concurrence of the senate.

And then he withdrew.

The said biff was taken up and read the first time; and
the rule being dispensed with, it was read a second time and
committed lo Messrs. Churchill, Perrin and Davidge,

And after a short time, Mr. Churchill reported the same
with amendments, which being twice read were concurred-
in ; and the rule being again dispensed with, it was read a
third time as amended.

Resolved* That the said bill as amended do pass, and that
the clerk inform the house of representatives thereof and re¬
quest their concurrence-in the amendments.

Bills from the house of representatives of the following ti¬
tles, to wit: 1. An act authorising the payment of a sum of
money due by the commonwealth to John Hunter; 2. an act
to erect the county of Owen out ;:f the counties of franklin,
Scott and Pendleton ; 3. an act fir the relief ol Joseph C.
Belt; 4 . an'act authorising suits against heirs and devisees
in certain cases, arid limiting the time of bringing suit against
executors and administrators; 5. an act to amend an act en¬
titled an act for the relief of Peter Sibert; 6. an art to amend
the charter of the bank of Green-river j ".an act to alter

JOURNAL OF

and amend the law concerning usury ; 8. an act to amend and
continue in force for a longer period the charter ol the Rank
of Kentucky ; and 9. an act to amend the act establishing a
turnpike on the road leading from the month of Big Sandy
through the counties of Greenup and Lewis in a direction to
Flemingsburg, to Joseph Watkins’, approved January 31,
3S18 ; were severally read the first time.

The rule being dispensed with, the first, second, third,
fourth and fifth bills were read a second time, and the first a
third time.

R'csnived, That the first bill do pass, and that Mr. Crutch¬
er inform the house of representatives thereof.

The second was committed to Messrs. Davidge, Bartlett,
Southgate and Thompson; the fourth to Messrs. Bledsoe,
Barry, Southgate and Owens.

The third and fifth were ordered to be laid on the table.

The sixth was committed to a committee of the whole house
on the state of the commonwealth for to-morrow.

The seventh and eighth were ordered to be read a second
time.

Ami the question being taken on reading the ninth a sec¬
ond time, it was resolved in the negative; and so the said
bill was rejected.

Ordered , That the clerk inform the house of representatives
thereof.

Ordered . That the public printers forthwith print 50 copies
of'the eighth hill, for the use of the members of the senate.

A message from the house of representatives, by Mr.
Hardin:

Mr. Speaker —The house of representatives have passed a
bill entitled •» an art concerning certain offences committed by
slaves, and giving the circuit courts jurisdiction of the trial
of slaves for capital offencesin which they request the con¬
currence of the senate.

And then he withdrew.

The said biii was taken up and read the first time ; and
the question being taken on reading the said bill a second
time, it was resolved in the negative, and so the said bill was
rejected.

Ordered, Thatthc clerk inform the house of representatives
thereof.

A message from the house of representatives, by Mr.
Harrison :

Mr. Speaker —The house of representatives have passed a
bill entitled >>' an act to reduce the damages on protested in-

Tand bills of exchange 5 ” in which they request the concur¬
rence of the senate.

And then he withdrew.

The said bill was taken up, read the first time and order
ed to belaid on the table.

Mr. Yancey, from the joint committee of enrolments, re¬
ported that they had examined sundry enrolled bills of the
following titles, to wit: An act to declare Great Sandy river
n navigable stream : an act for (lie benefit of Eliza G. Ball;
an act concerning the duties of the register of the land-oflicc :
an act for the benefit of James Elder ; an act vesting certain
powers in the trustees of the towns ofFlemingsliurg and Leb¬
anon ; an act allowing an additional number of justices of the
peace to certain counties in this commonwealth ; an art for
the relief of the surveyors of Jefferson and Garrard counties ;
an act for the relief of the administrators and heirs of John
Stapp, deceased ; an act authorising the payment of a sum of
money due by the commonwealth to J 0 I 111 Hunter; and had
found the same truly enrolled.

A message from the house of representatives, by Mr.
Johnston :

Mr. Speaker —The speaker of the house of representatives
having signed sundry enrolled hills, I am instructed to lay
the same before, the senate, for the signature of their speaker.

And then he withdrew.

Whereupon the speaker signed the said bills, being the
same just reported by sir. Yancey, and they were delivered
to the joint committee, to be presented to the lieutenant-gov¬
ernor for bis approbation. And after a short time, sir. Yan¬
cey, from the committee, reported that they had performed
that duty.

Mr. Davidgc, from (he committeeof propositions and griev¬
ances, made the following report, to wit:

The committee of propositions and grievances have accord¬
ing to order had under consideration the petition of Butler
and Wood, praying that the price of binding the act? of the
general assembly may be raised to thirty cents, and have
come to the following resolution thereupon, to wit :

Resolved, That said petition is reasonable.

Which being twice read was concurred in.

The nominations made on yesterday were taken up and
read.

Resolved, That the senate advise and consent to the said
appointments.

2 D

Ordered , That Mr. Eve acquaint the lieutenant-governor

therewith. ...

Mr. Eve moved for leave to bring in a bill to establish an
additional judicial district ; and the question being tan.erc

thereon, it was resolveu in the negative.

A message from the house of, representatives, by Mr.

Lackey; .

Mr. Sneaker —The house of representatives concur m the-
amendment proposed hy the senate to a bill entitled “ an act-
to amend an act. regulating the town of Prcstonsburg, itv
Floyd county.”

’ And then he withdrew*

tin the motion of Mr. -Churchill, leave was given him to re¬
port a bill to establish a ferry on the land ol the trustees o.
tiie Jefferson seminary, which was read the first time.

The rule being.dispensed with, it was read a second time*
and committed to the committee for courts ol justice.

The senate received a message in writing from-the lieuten¬
ant-governor, by Mr. Waggoner, containing a nomination^
which was taken up and read as follows, to wit:

Gentlemen of the Senate,

I nominate for your advice and consent, James Haskett,,
sheriff of the county of Nicholas, in place of Thomas Met-

dtv.'csisnrf. GABI . SLAUGHTER.

February Sd, 1819. .

Which was committed to the committee for courts ot jus¬
tice.

They also received information that the lieutenant-gov-
eynor did on to-day approve and-sign sundry enrolled bills
which originated in the senate, of the following titles: An
act allowing an additional number of justices of the peace to
certain counties in this commonwealth ; an act tor the relief-
of the surveyors of Jefferson and Garrard counties; an act
for the relief of Eliza G. Call; an act for the relief of the ad¬
ministrators and heirs of-John Stapp, deceased ; an act con¬
cerning the duties of the register of the land-office ; an act
vesting certain powers in the trustees of the towns of Plcm-
ingsburg and Lebanon ; an act for the benefit ot James Elder.

'Ordered, That the clerk inform the house of representa¬
tives thereof.

A message from the house of representatives, by Mr*
Todd, their secretary:

Mr. Speaker —The house of representatives concur in the.
amendments proposed by the-senate to bills of the following.

JOURNAL OF

THE SENATE.

£27

''lilies to wit: An act for the benefit of John T. Thomas,

• late treasurer ; an act giving additional powers to the trus¬
tees of the towns of Louisville and Nieholasville : They disa¬
gree to the amendments proposed to a resolution for the pur ¬
chase and disposition of a certain number of copies of Man¬
sell's Map of Kentucky ; they recede from their disagree-
jnent to an amendment proposed by the senate upon concur¬
ring in the amendment offered by the house of representatives
!to a bill entitled “ an act to cstabiish an’-election precinct in
fistill county they disagree to the first, second and sev¬
enth amendments proposed by the senate to a bill entitled
■“an act to amend the laws- incorporating independent banks/
•and they concur in the third, fourth, fifth,-sixth and- eighth,
with amendments to the fourth, fifth and eighth : And they
have passed a hill entitled “ an act-to amend an act entitled
an act to amend an act incorporating -the Lexington -and
Louisville turnpike road company.” In which amendments
and hill they request the concurrence ot the senate.

And then lie withdrew/ .

The amendments proposed by the senate to the till! einn.eu
« an act to amend the laws incorporating independent-hanks, 5
were taken up and read.

Resolved, That the senate insist on their first, second and
eighth amendments ; that they recede from the seventh, and
•concur in thc.&mendinents proposed to their iourth and fifth

amendments. ... . . .

The question being taken on insisting on their eighth
amendment, which was read as follows, to wit:

Be it farther enacted, That hereafter the sum of one halt
per cent, is hereby laid on each share in the joint and capital
stock of the Bank of Kentucky, (except on the stock owned
by the state) as a tax, in lieu of the tax now imposed by law,
to be paid by the .president, directors and cashier of said bank
in the treasury of this state, at the times and in the manner
and under the same rules and regulations as now required by
law/

Itwas resolved in the affirmative—\eas 16, nays 14.

The yeas ami nays being required thereon by Messrs.
Johnson and Bledsoe, were as follows, to wit:

Those who voted in the affirmative, are/Messrs. Barry,
Bartlett. Churchill, Eve, Faulkner, Ford, Griffin, Harrison,
Johnson, Mason, Owens, Perrin, Slaughter, South, Thomp¬
son and Worthington.

Those who voted in the negative, arc, mi\ Speaker, and
-■Messrs. Bledsoe, Bridges, Crutcher, Davidge, Davidson,

Hffifjyii

JOURNAL OF

Fleming, Given, Jones, Southgate, Taylor, Wilson, Wood
and Yancey.

Ordered, That the clerk inform the house of representatives

thereof. ... '

The resolution for the purchase .-find disposit ion ot a cei**
tain number of copies of Mansell's Map of Kentucky, and the
amendments proposed thereto by the senate, weie again

read. . , . ,

Resolved, That the senate insist on their amendment, ana
that the clerk inform the house of representatives thereof.

An engrossed bill to amend the act establishing indepen¬
dent banks, was read a third time as follows, to wit:

Whereas the president, directors and stockholders of the
Bank of Cynthiana have petitioned the legislature to so alter

and change the charter ol said bank, as to make the presi¬

dent, directors and shareholders liable lor all notes issued
from said bank: Therefore,

§ 1 . Beit enacted l)ii the general assembly of the common,
wealth of Kentucky, That from and after the first day of Au¬
gust next, the president and directors of the Bank of Cyn¬
thiana shall be answerable out of their private or individual
estate, for all notes issued or put into circulation altei said
date. And to prevent resignations made with a view of
avoiding responsibility, a president and directors shall icj
main liable under the meaning ol this act, notwithstanding
any resignation, until a successor shall be elected, and shall
enter upon the duties ol his office: Provided, howcvei, that it
such president or directors shall show that the alluirs ot the
hank have been faithfully and honestly administered, and that
its inability to pay its debts lias been owing to misfortunes
beyond the control of the president and directors ol the in¬
stitution, he or they shall not he held individually responsi¬
ble; but nothing in this section contained shall lessen their
liability as stockholders.

§ 2. Every person elected as a president or director, shall,
before entering on the duties of bis office, have a right to ex¬
amine minutely into tiie situation ol the institution, its deal¬
ings and transactions.

§ 3. The stockholders of said institution shall in like man¬
ner be answerable out of their private and individual estate,
to an amount equal to their stock in such institution, tor all
notes put in circulation after said date.

§ 4. Suits within this act against the president, directors
and stockholders, to charge them in their individual charac¬
ters, may bs brought severally against either, or jointly

a"-amst any two or more of them. But no suit shall he so
brought against them until the creditor shall first obtain judg¬
ment against the institution, and have h fieri facias placed in
t), e hands of the proper officer, and it shall be returned in sub¬
stance not satisfied. ’ A transcript of the record of the suit
against the corporation, shall be evidence of the plaintiff’s
demand against the corporation, and of their failure or refus¬
al to pay the same.

§ 5. JJe it further enacted, That in all suits brought against
the president, directors and stockholders of any corporation
in virtue of this act, it shall bo the duty of the cashier or
clerk holding the books showing who are the president, di¬
rectors and stockholders of the company or corporation, to
exhibit the same in court when subpoenaed ; and said books
shall be prima facie evidence of the fact which may appear
from the inspection of them. And no transfer ot stock made
after suit brought against any stockholder, shall exempt such
stockholder from his liability under the provisions of this act.

§6. If said institution shall, after said first day ot August
next, issue or circulate, or cause to be issued or circulated,
any one bank note of a date prior to said day, it shall be prima
facie evidence that any other note sued on after said date has
‘been so issued ; and if any defendant shall allege that the
note sued on was issued before, and not after said day, the
burthen of the proof of such allegation shall lie on the defen¬
dant: Provided, the plaintiff adduce proof of the fact afore¬
said.

§ 7. It shall be lawful for any of the stockholders of said in¬
stitution, on or before the said first day ot August next, to
give notice of bis wish to withdraw bis stock Irom such insti¬
tution. After such notice given, the stockholder may dis¬
count or set off his stock in such institution (according to this
amount lie has paid in) against any debt lie may owe the in¬
stitution. After such notice, the institution may, within six¬
ty days thereafter, pay him by the assignment of any nolo
discounted by such institution, on any person resident in the
county in which such institution is situated ; in which pay¬
ment legal interest shall he allowed to the stockholder lrom
the time of the last dividend made to the time the note may
fall due ; hut no note shall he so transferred that may be un¬
der protest. If the institution shall not so pay the stock¬
holders giving notice as aforesaid, the amount oi their stock,
together with their due proportion of the dividends, it shall
he paid on the first day of January 1820, as other debts due
by the institution.

THE SENATE.

229

JOURNAL OF

as©

§ S'; The executor or administrators of deceased persons*
or the guardian or parent of any infant, may give the notice
and withdraw the stock under this act,

§ 9. Said bank shall not issue any note or notes less than
one dollar.

§ 10. The president and directors shall publish annually 1*
some newspaper of this state authorised by law to insert ad¬
vertisements, the names of all those who were stockholders
en the day of the annual election for officers ; and no transfer
of stock made by a stockholder after suit is brought against
him, shall defeat the action ; and such publication shall b6
prima. fade evidence in any suit at law against any such
stockholder or stockholders, that they arc stockholders.

And an engrossed bill to continue in force an act to sus¬
pend law process in certain cases, was read a third time.

The question being taken on the passage of the former, it
was resolved in the negative—Yeas 14, nays 17.

The yeas and nays being required thereon by Messrs.
Crutcher and Perrin, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Bledsoe, Bridges, Davidge, Ford, Given, Jones,
Perrin, South, Southgate, Taylor, Wilson, Wood, and Yan-
cey.

Those who voted in the negative, are, Messrs. Barry,
Bartlett, Chambers, Churchill, Crutcher, Davidson, Eve,
Faulkner, Fleming, Griffin, Harrison, Johnson, Mason.
Owens, Slaughter, Thompson and Wickliff.

And so the said hill was rejected.

The question was then taken on the passage of the latter
bill, and it was resolved in the affirmative—Yeas 19, nays
12 .

The yeas and nays being required thereon by Messrs.
Jones and Eve, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Bartlett,
Bledsoe, Bridges, Chambers, Churchill, Crutcher, Fleming,
Given, Harrison, Owens, Slaughter, South, Southgate, Tay¬
lor, Thompson, Wickliff, Wilson, Worthington and Yancey.

Those who voted in the negative, are, Mr. Speaker, ami
Messrs. Barry, Davidge, Eve, Faulkner, ford, Griffin,
Johnson, Jones, Mason, Perrin and Mood.

Resolved, That the said bill do pass, and that the title he
** an act to continue in force an act to suspend law process in
certain cases.

Ordered, That sir. Bledsoe do carry said bill to the house
of representatives, and request their concurrence.

the senate.

23*

A bill for the benefit of Thomas Triplett, was read a sec¬
ond trine, amended at the clerk’s tabic and ordered to be en¬
grossed and read a third time.

& A bill from the house of representatives, entitled “ an act
to provide for the revision of the statute laws of this common¬
wealth,” was read a second time and committed to a commit¬
tee of the whole house on the state of the commonwealth.

A message from the house of representatives, by Mr.

Mr. Speaker —The bouse of representatives have passed a
hill entitled “an act appropriating the bonus of the Farmers
and Mechanics’ Bank of Lexington to the 1ransylvania
University for three years j” in which they request the con¬
currence of the senate.

And then lie withdrew.

The said bill was taken up, read the first time, and the
question being taken on reading the said bill a second time, it
was resolved in the affirmative—\cas 20j nays 11.

The yeas and nays being required thereon by Messrs.
Harrison and Southgate, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Barrv. Bledsoe, Bridges, Churchill, Davidge, Dav¬
idson, Eve,Faulkner,.Fleming, Given, Johnson, Jones, Ma¬
son, Ten-in, Slaughter, South, Taylor, Thompson and Yan¬
cey.

Those who voted in the negative, arc, Messrs. Bartlett,
Crutcher, Ford, Griffin, Harrison,.Owens, Southgate, Wiclc-
liff, Wilson, Wood and Worthington.

A message from the house of representatives, by Mr.
Harrison :

Mr. Speaker —The house of representatives have passed a
bill from the senate, entitled “ an act to incorporate the
Beecli Fork Navigation Company, with, amendments, in
which they request the concurrence of the senate.

And then he withdrew'.

The amendments were taken up and severally read ; amt
the 1st, 2d, 3d. 5th, 6th, 7th, 8th and 1 2th concurred in, ami
the 4th, 9th, 10th, lltli, 13th, 14th and 15th disagreed to.

Ordered, That the clerk inform the house of representatives
thereof.

A message from the house of representatives, by Mr.
Barrett:

Mr. Speaker —The house of representatives have passed a
hill from the senate, entitled “ an act for the relief oi Eliza¬
beth Armstrong.”

The senate assembled.

Mr. Yancey, from the joint committee of enrolments, re¬
ported that they had examined sundry enrolled hills of the
following titles, to wit: An act giving additional powers to
the trustees of the towns of Louisville and Nicholasvillc ; an
act allowing coroners and-elisors pay for certain services;
an act to authorise the sale of the donation lands-of Salem
academy : an act concerning the. town of \ crsailles ; an act
to repeal the act of the 23d January 1818, relative to Mor¬
gantown ; an act to amend an act regulating the town of
Presto tisburg, in Floyd comity; an act to authorise William
and James Newton to build a dam and water grist and saw
mill on Rough creek, in Ohio county ; an act for (tic benefit
of John P. Thomas, late treasurer ; and had found the same
truly enrolled.

A message from the house of representatives, by Mr.
Johnston :

Mr. Speaker —The speaker of the house of representative;-)
having signed sundry enrolled bills, 1 am instructed to lay
the same before the senate, for the signature of their speaker.

And then lie withdrew.

Whereupon the speaker signed said hills, being the same
reported to-day by Mr. Yancey, and they were delivered to
the joint committee of enrolments, to be presented to the
lieutenant-governor for his approbation. And alter a short
time, Mr. Yancey reported that the committee had perform¬
ed that duty.

Mr. Barry, from the committee for courts of justice, made
the following report, to wit:

And then lie withdrew.

A hill from the house of representatives, entitled “ an act
to amend an act entitled an act to amend an act incorporating
the Lexington and Louisville Turnpike Road Company,”
was read the first time; and the rule being dispensed with,
it was read a second and third lime.

Resolved, That the said hill do pass, and that the clerk in¬
form the house of representatives thereof.

Mr. Fleming, from the committee to whom was referred
the petition of George M. Bcdinger, reported a bill for his
benefit.

And then the senate adjourned.

THURSDAY, February 4, 1819.

232

JOURNAL OF

HIE SENATE

The committee for courts of justice have according to order
liai! under consideration the nomination of James Haskett, as
sheriff of Nicholas county, in the place of Thomas Metcalfe,
resigned, and have come to the following resolution thereon,
to wit :

Resolved, That the senate do not advise and consent to said
appointment.

The resolution being amended by striking out the word
“ not,” and the question being taken upon concurring in the
resolution as amended, it was resolved in the negative—
Yeas 15, nays 1 5.

The yeas and nays being required thereon by Messrs.
Churchill and Crutcher, were as follows, to wit:

Those who voted iri the affirmative, are, Mr. Speaker, and
Messrs. Bridges, Chambers, Davidge, Davidson, Fleming,
Ford, Given, Owens, Perrin, Southgate, Thompson, Wick-
iiff, Wood and Yancey.

Those who voted in the negative, are, Messrs. Barry,
Bartlett, Churchill, Crutcher, Eve, Faulkner, Griffin, Har¬
rison, Jones, Mason, Slaughter, South, Taylor, Wilson and
Worthington.

The vote being equal, the speaker declared the resolution
disagreed to.

Resolved, That the senate do not advise and consent to the
said appointment.

Ordered, That Mr. Fleming acquaint the lieutenant-gov¬
ernor therewith.

Mr. Barry, from said committee, also made the following
report, to wit:

The committee of courts of justice have according to order
had under consideration a hill to establish the Francis Peart
college, and have come to a determination thereupon, and
beg leave to recommend the adoption of the following resolu¬
tion, viz.

Resolved, That the said hill ought not to pass.

And the question being taken upon concurring in the reso¬
lution, it was decided in the affirmative—Yeas 19, nays 7.

'1 lie yeas and nays being required thereon by Messrs.
Bartlett and Crutcher, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Bridges,
Chambers, Churchill, Crutcher, Davidge, Davidson, Faulk¬
ner, Ford, Given, Griffin, Harrison, Owens, Perrin, Slaugh¬
ter, South, Southgate, Taylor, Wilson and Worthington.

Those who voted in the negative, are, Messrs. Barry,
Bledsoe, Fleming, Jones, Mason, Thompson and Yancey.

2 F

On the motion of Mi’. Yancey, . h „.

Ordered, That the committee of the w role house ™
state of the commonwealth be discharged tiom the faith -
consideration of a bill from the house o represen ^es.em-
titled “ an act to amend the charter of the Bank ot ixicen

Vi Tile said bill was taken up, amended at the clerk's table and

^STSthcsaid bill as amended do pass and that
M1 YanceV inform the house of representatives thereof and
renuest their concurrence in the amendment.

' A message from the house of representatives, by Mi.

1 Mr "speaker —The house of representatives lmvc passed
bills of the following titles, to wit : An act to cstablis Ike
t..„P. line between the counties ofHoyd and Greenup ; an act
further to regulate the proceedings ot the county com to
Fayette; and an act concerning the mamage of Milton

Gray: In which they request the concurrence ot the senate.

And then he withdrew. , M

A message from the house of representatives, by Mi.
J °A/r Sneaker— The house of representatives have passed

«iw ->f o»«;o.™ 1C ™

David Harris j” in which they request the concuiicnce
tie senate.

And then lie withdrew'.

Mr. Crutcher, in the ma jority of the vote taken on y e ®[, '
day. whereby a bill from the house ot representatives, entr -
L act to amend the act establishing a turnpike on (he toad
leading from the mouth of Big Sandy through the county
Grreimn and Lewis in a direction to Flemmgsburgand Jos-
eph-Y at kins’, approved January 31 , 1818,” was re., feted,
moved to re-consider tlve vote ; and it being resolved in tlm
affirmative, the bill .was read a second time and' 0

Messrs. Chambers, South, Mason, f lcnm.g, Bledsoe, Owens,

B Mr. Owens,“frlm the committee on tho part of the senate
Appointed for that purpose, made the following report,

^The committees of free conference on the disagreeing votes
of » houses relative to the bill entitled «mr act to am nd
and reduce into one the several acts authorising chants cl
venue,” recommend the folio wing course ;

23L

JOURNAL OF

THE SENATE.

That the house of representatives insist on their amend-
xSnents.

That the senate recede from their disagreement, and agree
to the amendments of' the house of representatives, with cer¬
tain amendments, which were read as follows, to wit:

After the word “ shall,” in the 5th line of the 1st section
of the amendment of the house of representatives, add “ on
the application of either party.”

Strike out the two last lines of the 2d section.

Add this section :

All laws prohibiting the removal of acause.jiy change of
venue after issue joined, shall he, and are hereby repealed.

A message from the house of representatives, by'Mr.
Hardin:

Mr. Speaker —The house of representatives insist on their
amendments to a bill-entitled “ an act to amend and reduce
into one the several acts authorising changes of venue in civil
cases.”

And then he withdrew.

The said amendments were taken up and read- again.

llesulved, That the senate recede from their disagreement
to said amendments, and that they concur in them with the
amendments proposed by the committee of conference.

Ordered, 1 hat the clerk inform the house of representatives
thereof, and request their concurrence in said amendments.

Mr. David sop, from the committee to whom was referred:;
bill to amend the militia laws, reported the same with amend¬
ments, which were twice read and concurred in with amend¬
ments.

Ordered, That the said bill as amended be engrossed and
jpead a third time.

A message from the house of representatives, by sir.
Baylor :

Mr. Speaker —The house of representatives solicit a con¬
ference on the disagreement of the two houses relating to the
amendments proposed by the senate to a hill entitled an act
to amend the laws incorporating independent banks,” and
have appointed a committee on their part.

And then he withdrew.

Whereupon Messrs. B.IW-y, Owens, Fleming and Wickliff
were appointed a committee of conference on the part of the
senate.

A hill for the benefit of George M. Bedinger, was read the
first time \ and the question-being taken on-reading the said

JOURNAL OR

bill a second time, it '

20, nays 9.

The yeas and nays
Fleming and South, wi
Those who voted in
Messes. Barry, Blcdso
jdge. Davidson, Eve,
son, Perrin, Slaughter
cey.

Those who voted u ^

Fleming, Jones, Mason, Owens, ooui.n
a „d Worthington.

An engrossed bill for the r
read a third time and committed to the com
of justice.

Bills from

ties, to wit: .- - ■.. ..

to amend an act entitled an act lor the re
and an act to alter and amend the 'aw concemmg
The first was amended at the clei k s l<u , .
severally read,' t.._ —

third a second time. .,... ,

Resolved, That the first and second lulls do pass

amended, and that the cleil'
lives thereof and request 1.
ment.

The senate received a mei
ant-governor, by Mr. Seci
nominations, which were taken up an
wit:

Gentlemen of the Senate,

I nominate for your advice and const
fof Scott county") circuit judge of the 41
place of Silas M. Noel, whose com:
the end of the present session. ...

Eli Shortridge, circuit judge of the 11th judic
in place of Benjamin Mills, rcsigimi^ SLAUGH TER

February4th, 1819. ... , ..

A bill from the house of representatives, ent.it e •
to amend and continue in force tor a longer pci md tli <
rZt aC Kentucky.” was read a second tune as

pared thereon hv Messrs,
•s, to wit:

:ive, are, Mr. Speaker, and
Churchill. Crutcher, Da\
i, Griffin, Harrison, John-
, Taylor, Wickliff and \ an-

ve, are. Messrs. Baulknci,
Thompson, Wilson

•clicf of Thomas Triplett, was
mittcc for courts

Uives of the following ti-
f Joseph C. Belt j an act
lief of Peter Sibert;
: -"g usury,
and they were

the first and second a third time, and the

-s, the first as

k inform the house of representa-
tlicir concurrence in said aitienu-

icssaire in writing from the lieuten-
\ containing certain
d read as follows, to

issemblij of ike common-
incorporating th.e presi

THE SENATE.

(lent directors and company of the Bank of Kentucky, as
now hi force.' shall continue and remain in force until the end
of the year one thousand eight hundred and forty-one; sub-
icef. however, to the following amendments :

' No person shall art as a director ol Ihc tjanu of Iven-

tuckv. or of any of the branches, who shall not lie the owner
of five shares in the capital of said hank. Not more than
two-thirds of the directors of the Bank ol Kentucky, or oi its
branches, who are in office at the time of an annual election,
shall be elected for the next succeeding year; and no direc¬
tor shall hold Ids office more than three years out ol lour in
succession. Nothing in this section shall be construed to re¬
late to the president, of the bank, or any of the branches.

&3 And be it further enacted, That the president of the
Bank of Kentucky shall annually make a return to the cleric
of the house of representatives,, and the secretary of me sen¬
ate, on or before the third day of each session ol (lie genera
assembly, of the names of all the presidents, directors and

other officers of its branches. , , ,

S 4 The stockholders resident in a county wncre a branch
of the bank may be located, and those resident in any adjoin¬
ing county in which a branch may not be located, shall, at
such time, and manner as shall be prescribed by the by-laws
of the corporation, recommend (by votes according to their

stock) as many persons for directors as shall be allowed to

the branch : and the directory of the Bank ot Kentucky shal l
appoint at least three-fourths of the directors ol such branch

from said list. „ , , ,

-5 A director of the bank, or or the branches, may ha\ e
on loan, in addition to the sum nowallowed by law a sum not
exceeding one half of the amount of the stock held by such di¬
rector in the institution : Provided, however, that tne direc¬
tory of the Bank of Kentucky may limit the amount which
the directors of any of the branches may have on loan.

<5,6. A.director shall not be an indorser on notes discount¬
ed to a greater amount than ten thousand dollars : Provided,
however, that the indorsement of a note given to a director

on a real transaction, shall not preclude the note from dis¬
count, on its being properly and sufficiently indorsed by

others, exclusive of such director. ...

$ 7 . No additional branch bank shall be established ws,li¬
mit the concurrence of two-thirds ot the directors ciecte jy
the state, and two-thirds of those elected on bcliait oi dm
stockholders, nor without the assent of the general assemel;.
If a branch shall at any time prove unproductive, ( laat IS >

JOURNAL OF

docs not yield a fair bank profit, after paying its due propor¬
tion of expenccs) it shall be the duly of the directory to with¬
draw such branch.

§ 8. The stockholders shall at their annual meeting elect
one visiter, and the legislature may annually by joint ballot
elect another, who shall not be directors of the bank or either
of its branches, or members of either branch of the general
assembly. The visiters shall have full power and authority,
at all times and on all occasions, to cuter into the hank and
its brandies ; to examine the funds on hand, the books, pa¬
pers, dealings and transactions of every kind of the bank and
i:s branches; to require statements and explanations, in
writing or verbal, of their dealings and course of business.
And whenever they shall he of opinion that the interest of the
institution requires it. they shall make reports, general or
special, to the stockholders, or to the general assembly, or
to I he public. The stockholders may authorise the visiters to
Appoint deputies, or substitutes ; they may, on extraordinary
occasions, allow them compensation for their trouble, or may
increase their numbers.

§ 9. It shall he the duty of the president and directors t-o
prepare by-laws, and submit them to the legislature at their
next session, and the stockholders at their next general meet¬
ing; when, if the general assembly or stockholders do not
dissent from such by-laws, they shall be considered adopted.

§ 10 . The president and directors may at any time purchase
in any stock pledged to them, and which it shall become ne¬
cessary to sell.

§ 11 . If any stockholder shall he desirous of withdrawing
bis stock from the institution, at the expiration of the term
for which the bank was first incorporated, it shall he his duty
to give notice ot such intention, in the month of January in
the year f821, and cause the same to he entered in a book to
be provided lor that parpose. On such notice the-presideut
ami directors shall take such measures as may he most expe¬
dient for paying such stock in the course id' that year, in suck
inode as may he mutually agreed on ; or for paying off suck
stock, il.h its due proportion of dividends and surplus profit,
at the end of the year.

v 12. Jindbc itj'urthsr enacted, That for the purpose of as¬
certaining the true amount due each individual stockholder
so withdrawing his stock, it shall be the duty of the president
and directors of the,Bank of Kentucky to cause the real and
personal property of the bank to be valued by commissioners
by them appointed for that purpose; and the said commis-

TIIE SENATE.

sioners shall, before tlioy enter on the duties aforesaid, take
an oatli to make a true and fair valuation of all property
which they shall he requested to value.

<5 13 . An executor or administrator of a deceased stock-
holder, and the guardian or parent of an infant stockholder,
may give the notice lor withdrawing the stock, within the.
provisions of this act.

<3 14. From and-after the last day of December 1821, there
shall be paid by the said bank an annual tax or bonus of fifty:
cents on each hundred dollars of the capital stock thereof.

§ 15. Be it further enacted, That no person shall be eligible
to the office of president or director of the principal bank, ov
any branch thereof, who may be a member of either house of
the general assembly of this commonwealth ; and any pres;*
dent or director of (he principal hank, or any ol its branches,
who shall he elected to either house of the general assembly,
shall by bis election to the general assembly vacate his office
as president or director, and he incligihle-one year therealter,
ami the vacancy shall be filled in the same manner as if it had
taken place by death or resignation-

§ 1 G. Jlnd be it further enacted, That it shall he lawful for
the attorney-general to sue out a scire facias against the Bank
of Kentucky,’in the general court, summoning the president,
as the representative of the, said bank, to show cause why
the charter of said bank shall not be declared forfeited ; and
the attorney-general shall file a statement of those facts by
which the said bank may have forfeited its charter, upon
which an issue shall be made up and a trial had ; and if the.
issue is found against the bank, the court shall declare the
charter forfeited ; after which the said hank may sue, and be
sued in its corporate name for two years, for the purpose of
winding up its affairs, and not longer.

<5 Beit further enacted, That the salaries of the pwsf-
dent, cashier and other officers of the bank and its branches?
shall be fixed by law.

§ 18. Nothing in this act shaii be so construed as to take
from future legislatures the right to repeal this act of incor¬
poration.

Mr. Fleming moved to amend the said bill by inserting the
words “ and those who do not reside in an adjoining county,
at the nearest site of a branch bank/’ after the word •*' locat¬
ed,” recurs the second time in the fourth section.

And the question being taken thereon, it was resolved iu
the negative—Yeas 11, nays 20.

The yeas and nays being required thereon by Messrs,
Churchill and Southgate, were as billows, to wit: _

Those who votoil in the affirmative, are, Messrs. Churchill,
Jive, Fleming, Griffin, Ilardin, Harrison, Johnson, Mason,
■Perrin, Wickliff and Worthington.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Bartlett. Bledsoe, Bridges, Chambers, Crutcher,
Davidgc, Davidson, Faulkner, Ford, Jones, Owens, Slaugh¬
ter, South, Southgate, Taylor, Thompson, Wilson, M ood
and Yancey.

Mr. Barry then moved to amend the hill by attaching
thereto the following section, to wit:

That the said corporation shall not at any time suspend or
refuse payment in gold or silver, ot any of its notes, bills or
obligations ; nor of any monies received upon depositcin said
bank or any of its branches. And if the said corporation
shall at any time refuse or neglect to pay'On demand any
hill, note or obligation issued by the corporation, according
to the contract,"promise or undertaking therein expressed .;
or shall neglect or refuse to pay on demand any monies re¬
ceived in said bank or in any ot its branches on deposite, to
the person or persons eht.itled to receive the same, then and
in every such case the holder ot any such note, bill or obli¬
gation, or the person or persons entitled to demand and re¬
ceive such monies as aforesaid, shall respectively be entitled
to receive ami recover interest on the said bill, notes, obliga¬
tions or monies, until the same shall be lully paid and satisli-
ed. at the rate of p.cr centum per annum from the

time of such demand,as aforesaid : Provided, that the legis¬
lature. may at any time hereafter enact laws enforcing and
regulating the recovery of the amount of the notes, bills, obli¬
gations or other debts of which payment shall be refused as
lubVesaid, with the rate of interest above mentioned, vesting
j isdirtion for that purpose in any courts in this cnimnon-
v :1th, either of law or equity, baling jurisdiction in like

C ‘

;!m question being taken tlrcrcon, it was resolved m
t\. :vc-—Yeas 12, nays 19.

T v ' ..is and nays being required thereon by Messrs.
Tar; v :■;! ’a.son. were as follows, to wit:

T-, ■ • voted in the affirmative, arc, Mr. Speaker, and

Mess; Churchill. Fve, Griffin. Hardin, Harrison,

Joht fomn, Wickliff and Wood.

■t : . ted in the negative, arc, Messrs. Bartlett,

I .-. i tdges, Chambers, Crutcher, Davidge, Davidson,

JOURNAL OF

THE SENATE.

241

Faulkner, Fleming, Ford, Jones, Owens, Slaughter, South,
Southgate, Taylor, Thompson, Worthington and Yancey.

Mr! Wickliff then moved to amend the. bill by striking out
the fifteenth section ; and the question being taken thereon, it
was resolved in the negative—Yeas 8, nays 25.

The yeas and nays being required thereon by Messrs.
Wickliffand Griffin, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Churchill,
Eve, Fleming, Griffin, Hardin, Mason, Owens and YV ickliff.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Barry, Bartlett. Bledsoe, Bridges, Chambers,
Crutcher, Davidge, Davidson, Faulkner, Ford, Given. Har¬
rison, Johnson, Jones. Perrin. Slaughter, South, Southgate,
Taylor, Thompson, Vi ilson, Wood, Worthington and Yan¬
cey.

Mr. Perrin then moved to amend the hill by striking out
the word “ additional” from the seventh section ; and the
question being taken thereon, it was resolved in the nega¬
tive—Yeas 4, nays 29.

The yeas .and nays being required thereon by Messrs.
Perrin and Bridges, were as follows, to wit :

Those who voted in the affirmative, are, Messrs. Hardin,
Johnson, Mason and Perrin.

Those who voted in the negative, arc. Mr. Speaker, and
Messrs. Barry, Bartlett,' Bledsoe, Bridges. Chambers,
Churchill, .Crutcher, Davidge, Davidson, Eve, Faulkner,
Fleming, Ford, Given. Griffin. Harrison, Jones, Owens,
Slaughter, South, Southgate. Taylor, Thompson, Wickliff
’Wilson, Wood, Worthington and Yancey.

Mr. Fleming then moved to amend the bill by adding tiio
following clause to the twelfth section, to wit:

And al ter the first day of January in the year 1821, the
Bunk of Kentucky and its branches shall be confined to a new
issue of bank paper, and proceed to take in all notes then in
circulation, so as to enable them to distribute, to the share¬
holders their due portion of all the notes of said bank which
may have been issued and lost or destroyed.

And the question being taken thereon, it was resolved in
the negative—Yeas 8, nays 25.

The yeas and nays being required thereon by Messrs.
Fleming and Southgate, were as follows, to wit:

Those Who vo ed in the affirmative, are, Messrs. Barry,
Churchill, Fleming. Griffin, Hardin, Johnson, Mason and
Wick 1 iff.

2 F

.-•'■‘l.ootl'l*! "f

Jam

j 42 JOURNAL OF

Those who voted in the negative, are, Mr. Speaker, an«.'i*
Messrs. Bartlett, Bledsoe, Bridges, Chambers, Crutcher,,
Davidge, Davidson, Eve, Faulkner, Ford. Given. Harrison*
Jones, Owens, Perrin, Slaughter. South, Southgate, Taylor*
Thompson, Wilson, Wood, Worthington and Yancey.

Mr. Johnson then moved to amend the bill by striking out
the residue of the twelfth section alter the word “ stock, and
inserting-in lieu thereof the following, clause, to wit :

It shall he the-dutyof the general court, on or belorc the
first day of'September 1821 , to appoint three honest, disin¬
terested‘and intelligent persons, whose duty it shall be to va¬
lue all the real and personal estate of said bank, and report the
same to the president and directors, on or before the first ot
December in the same year ; and the directory of the bank,
at the time of notifying said commissioners of their appoint¬
ment. shall also furnish them with a descriptive list ;ot the
property belonging.to said bank ; and the said commission¬
ers shall. before they proceed upon the duties, advertise m
the paper of the public printer, at least thirty days, the time
of their viewing each parrel of propery to value the same, that
the stockholders may attend at said valuation. 1 hat said
property when so valued shall vest in the remaining stock¬
holders of said hank. .

And the question being taken thereon, it was resolved m

the negative—Yeas 9. nays 23.

The yeas and nays being required thereon by Messis.
Johnson and Herrin, were as’ follows, to wit:

Those who voted in the affirmative, arc, Messrs. Barry,
Churchill, Fleming, Griffin, Hardin, Johnson, Mason, iei-

rin and Wirkliff. _ r

TI lose who voted in the negative, are, Mr. Speakti.anu
Messrs. Bartlett, Bledsoe, Bridges,.Crutcher, Davidge, Dav¬
idson, Eve, Faulkner, Ford, Given,Harrison, Jones, Owens*
Slaughter,- South, Southgate, Taylor, Thompson, Wilson,
Wood, Worthington and Yancey.

Mr Crutcher then called for the previous question ; and
the question being taken “shall the main question he now
put?” it was resolved in the affirmative—Yeas 19. navs W
The yeas and nays being required thereon by Messrs.
Fleming and Davidge, were as follows, to wit.:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Bartlett, Bledsoe, Bridges. Crutcher, Davidge Dav¬
idson, Faulkner, Ford, Given, Harrison, Jones, Cwens,
Slaughter, Southgate, Taj lor, Wilson, Worthington and
Yaiucy.

THE SENATE.

. Those wlio voted in the negative, are, Messrs. Barry,
'Churchill, Eve. Fleming, Griffin, Hardin. Johnson, Mason,
.‘Perrin, South, Thompson, Wickliffand Wood.

Whereupon the question was-taken on reading the said bill
a third time, and it was resolved in the affirmative—Yeas 24,
nays 7.

The yeas and navs being required thereon by Messrs,
Yancey and Southgate, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, ami
Messrs. Bartlett, Bledsoe, Bridges, Churchill, Crutcher,
Davidge, Davidson, Eve,‘Faulkner, Ford, Given, Harrison,
Jones, Slaughter, South, Southgate, Taylor, Thompson,
WicklifF, Wilson, Wood, Worthington and Yancey.

Those who voted in the, negative, are, Messrs. Barry,
Fleming, Griffin, Hardin, Johnson, Mason and Perrin.

A message from the house of representatives, by Mr.
Hardin:

Mr. Speaker —The house of representatives have passed a
bill from the senate, entitled “ an act to regulate the practice
of the general court in certain cases.”

And then lie withdrew.

A message from the house of representatives, by Mr.
Pope :

Mr. Speaker —The house of representatives concur in the
amendments proposed by the senate to bills of the following
titles, to wit : An act to establish the town of Bloomfield, iu
JNelson county, and for other purposes j and an act for the
benefit of Bethel academy : And they havepasssd a bill from
the senate, entitled “ an act authorising certain county courts
to appoint port wardens, and prescribing their-duties,” with
amendments, in which they request the concurrence of the
senate.

And then lie withdrew.

The said amendments were taken up, read and concurred
in. - •

Ordered, That Mr. Churchill inform the house of represent¬
atives thereof,

A message from the house of representatives, by Mr.
Underwood :

Mr. Speaker —The house of representatives concur in the
amendment proposed by the senate to a hill entitled *• an act
to amend the charter of the Bank of Green river.”

And then he withdrew.

A message from .the house of representatives, by Mr.
Harrison :

i if

244 JOURNAL OF

Mr. Speaker —The house of representatives adhere to then
4th,9th, 10th, 11th. 13th, 14th and lfith amemSments to r
hill entitled *• an act to incorporate tlic Beech t<ork Naviga¬
tion Company.”

And then he withdrew.

A bill from the. house ol representatives, entitled an a .
appropriating the bonus of the farmers and Mcehamo.
Bank or Lexington to the'rransylvama University toi thici.

Tears,” was read a second time.

Mi'. Faulkner moved to amend it by attaching thereto the

following section, to wit: .

And be it further enacted . That the tax accruing to this com¬
monwealth from the Kentucky Exporting Company, shall
be, and the same hereby is appropriated to the seminary oi
learning in the town ol Lancaster. , .

And the question being taken thereon it was resolved in

the negative—Yeas 12, nays l..

The yeas and nays being required thereon by Messrs..

Faulkner and Owens, were, as follows, to wit:

Those who voted in the atUrmative, are, Messrs. Bartlett,
Fve Faulkner, Ford, Griffin, Harrison, Owens, lernn,
Southgate, Wicklill', Wood and Worthington.

Those who voted iu the negative, are, Mr. Speakei , ann
Messrs. Barry, . Bledsoe. Churchill. Crutcher, Dayidge.
Davidson. Fleming, Given, Hardin, Johnson, Mason, South,
Taylor, Thompson, M ilson and Yancey-

The hill was amended at the clerk s taolc and orocicd m
be read a third time.

And then the senate adjourned.

FRIDAY, February 5, 1319.

. The senate, assembled. . ,

Mr. Barry, from the committee for courts of justice, mane

the following report, to wit: ,. ,

The committee of courts of justice have according to >t i ei
had under consideration a bill to establish a leery on the lands
of the trustees of the Jefferson-seminary, and have come to
tlie following resolution thereon, to wit:

Resolved, That said bill ought not to pass..

Which being twice read was concurred m.

Mr Barry, from said committee, to whom was relerred ike
petition of Asa Blanchard and William Monroe., reported a
bill for their benefit, which was read the first time ; and i

REmmni

THE SENATE-.

245

■

rule being dispensed with, it was read a second and third
time (having been engrossed).

Resolved, That the said bili do pass, and that the title be
« an act for the benefit of Asa Blanchard and William Mon¬
roe.”

Ordered, That the clerk do carry said bill to the house of
representatives and request their concurrence.

Mr. Davidge, from the committee to whom was referred a
bill from the house of representatives, entitled “an act to
erect the county-of Owen out ot the counties ol 1' ranklin,
Scott and Pendleton, reported the same with amendments,
which were concurred in with amendments, and the bill read
a third time as amended.

Resolved, That the said bill as amended do pass, and that
the title be amended by inserting the word “ Gallatin” alter
the word “ Scott.”

Ordered, That Mr. Davidge inform the house of represent¬
atives thereof, and request their concurrence in the amend¬
ments.

Mr. Yancey, from the. joint committee ol enrolments, re¬
ported that the committee had examined two enrolled lulls of
the following titles : An act to establish the town of Bloom¬
field, in Nelson, county, and for other purposes ; an act to
amend the charter ot the Bank ot Green river $ and had found
the same truly enrolled.

A message from the house of representatives, by Mr.
Johnston :

Mr. Speaker —The speaker of the house of representatives
having signed sundry enrolled bills, i am instructed to lay
the same before tbe senate, for tbe signature of their speaker.

And then he withdrew.

Mhereupon the speaker signed said lulls, being those
reported to-day by >ir. Yancey, and they were delivered to
the joint committee, to be presented to the lieutenant-govern¬
or for his approbation. And after a short time, sir. Yancey
reported that the committee had performed that duty.

A message from the house of representatives, by Mr.
Yv. K. Wall:

Mr. Speaker —The house of representatives have passed a
hill entitled •• an act to incorporate the Burlington and Cyn-
thiana library companies:” in which they request this con-

JOURNAL OF

THE SENATE

And the question being taken on adopting said resolution,
it was resolved in the affirmative—Yeas 17, nays 14.

The yeas and nays being required thereon by Messrs.
Ssuthgatc and Churchill, were as follows, to wit :

Those who voted in the affirmative, arc, Messrs. Barry,
Bartlett, Bledsoe, Crutcher, Davidge, Faulkner, Fleming,
Ford, Given, Johnson, Jones, Owens, Perrin, South, Taylor.
Wood and Yancey.

Those who voted in the negative, arc, Mr. Speaker, and
Messrs. Chambers, Churchill, Davidson, Eve, Griffin, Har¬
din, Harrison, Mason, Slaughter, Southgate, Thompson,
Wick lift* an'd Wilson.

Ordered, That Mr. Bartlett'acquaint the secretary there¬
with.

The amendments proposed by the house of representatives
to a bill entitled *• an act to incorporate the Beech Fork Nav¬
igation Company,” were again taken up and read.

Resolved, That the senate adhere to their disagreement to
said amendments, and that Mr. Wickliff inform the house of
representatives thereof.

Bills from the house of representatives of the following ti¬
tles, to wit: An act to reduce the damages on protested in¬
land bills.of exchange, was taken up and read as follows, to
wit:

lie it enacted by the general assembly of the commonwealth
of Kentucky, That if any person or persons shall hereafter
draw or indorse any hill of exchange, payable at any place
nut of this state, but within any other of the United States of
North America, or any of its territories, and the same being-
returned hack unpaid, with a legal protest, the drawer there¬
of, and all others concerned, shall pay the contents of said
hill, with legal interest from the time the said hill was pro¬
tested, the charges-of protest, and two per cent, advance l'or
the damage thereof, and so proportionable for greater or
lesser sums.

Any law-coming within the purview of this act, shall be,
and the same is hereby repealed.

And an act to run the boundary line between this state and
the state of Tennessee, west of the Tennessee river, was read
a second time.

And the question being taken on reading the former hill a
second time, it w as resolved in live negative—Teas 16, nays

17.

The yeas and nays being required thereon by Messrs.
Bledsoe and Churchill, were as follows, to wit:

2 48 JOURNAL OF

Those who voted in the affirmative, are, Mr. Speaker, ami
Messrs. Bartlett, Bledsoe, Bridges, Chambers,

Ford, Given, Griffin, Harrison, Mason, Owens, lui ,
South, Wilson and Wood.

Those who voted in the negative, are. MrajMB- *• ..»

Churchill, Crutcher, Davidson, Icve, I ;u ! lknC '' ^ ‘ ’

Johnson, Jones, Slaughter. Southgate, laylor, Thompson,

YYiekliff, Worthington ami \ ancey.

Ordered . That Mr. Wieldiff inform the house of represent-

The latter bill w r as ordered to be laid on the table.

A message from the house of representatives, by Mr.

Mr*Speaker —The house of representatives have passes!
a bill entitled “ an act establishing a turnpike on the 10 a
leading from Georgetown to Cincinnati, and lor other pur¬
poses 5 ” in which they request the concurrence ot the sen¬
ate.

And then he withdrew. ,

The said bill was taken up and read the first tune , an
the rule being dispensed with, it was read a second time and

^Billsfrom the house of representatives of the following ti¬
tles, to wit: An act to establish the true line between 11a
counties of Floyd ami Greenup ; an actliirther 01 eg 11 a.c
the proceedings of the county court of Fayette,; an act or
the benefit of ilettv Hall and others: an act roncernmg ae
marriage of Milton Gray : an act for the benefit of the l.tn s
of Henrv Garrard, deceased ; and an act tor lie relic o
David Woodruff ami David Harris ; were severally read die

"" /Vn'l'the rule being disnensed with, the first, second, third,
fourth and fifth bills were read a second and third time.

Resolved, That, said bills do pass, and that the clcik mloiiii
the house of representatives thereof.

The sixth hill was ordered to he read a second time.

An engrossed hill to amend the militia laws, was real a
third time; and Hie question being taken on the passage
thereof, it was resolved in the affirmative—-Teas a. no. ■ w.
’ Tee vens am! nays being required thereon by Messrs.
Yam v ami Davidson, were as follows, to wit ■

Th-.'-e who voted in the affirmative,'are. Mr. .speaker, am.
Mr M's. B'ar.rv, Bartlett. Bledsoe, Chambers, Gavidge,
D, , Faulkner, Fleming, Owens, 1 emu, »l»ug.i-

TIIE SENATE

Those who voted in the negative, are, Messrs. Ford, Giv¬
en, Griffin, Harrison. Jones. Mason, Sont.li, Thompson,
"Winklin', Wilson, Wood, Worthington and Yancey.

Resolved, That the said hill do pass, arid that the title bo
“ an act to amend the militia laws.”

Ordered, That Mr. Davidson do carry said bill to the house
of representatives, and reipiest their concurrence.

Bills from the house of representatives of the following ti¬
tles, to wit: An act to amend and continue in force for a
longer period the charter of the Bank of Kentucky ; an act
appropriating the bonus of the Farmers and Mechanics’
Bank of Lexington to the Transylvania University for three
years ; and an act to alter and amend the law concerning
usury; were severally read a third time, the second as-
amended.

The question being taken on the passage of the first, it was-
resolved in the affirmative—Yeas t-G. nays 5.

The yeas and navs being required thereon by Messrs.
Yancey and Southgate," were as follows, to wit:

Those who voted in the affirmative, arc, Mr. Speaker, and
Messrs. Barry, Bartlett, Bledsoe, Chambers. Churchill,
Crutcher, Davidge, Davidson, Eve, Faulkner. Ford, Given,
Harrison, Jones, Owens, Slaughter, South, Southgate, Tay¬
lor, Thompson,' Wicklilf, Wilson, Wood, Worthington and
Yancey.

Those who voted in the negative, are, Messrs. Fleming,
Griffin, Johnson, Mason and I’errin.

The question - was then taken on the passage of the second
hill as amended, and it was resolved in the affirmative—Yeas
17. nays 13.

The yeas and nays being required thereon hj r Messrs.
Harrison and Chembeis, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs.Barry, Bledsoe, Chambers, Davidge, Davidson, Eve,
Fleming, Giv en, Jones, Mason, Perrin, Slaughter, Taylor,
Thompson, Worthington and Yancey.

Those who voted in the negative, are. Messrs. Bartlett,
Churchill, Crutcher, Faulkner, Ford, Griffin. Harrison,
Owens, South, Southgate, Wicklilf, Wilson and Wood.

The question was then taken on the passage of the third
bill, aaii it was resolved in the affirmative—Yeas IS. nays 13.

The yeas and nays being required thereon by Messrs.
Jones and Davidge, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Bledsoe,- Churchill, Crutcher, Davidson, Eve, Faulk-

2 G

JOURNAL OP

ner, Fleming, Given, Griffin, Harrison, Jones, Perrin,
Slaughter, Southgate, Wood, Worthington and Yan»ey.

Those who voted in the negative, are, Messrs. Barry,
Bartlett, Chambers, Davidge. Ford, Johnson, Mason, Owens,
South, Taylor, Thompson, M ickliff and Wilson.

Resolved, That the said hills do pass, the second as amend¬
ed, and that the title of the second bill be amended by strik¬
ing out “three” and inserting “ two.”

Ordered, That Mr. Crutcher do inform the house of repre¬
sentatives of the first, Mr. Bledsoe the second, and Mr. Faulk¬
ner the third, and request their concurrence in the amend¬
ments to the second.

A message from the house of representatives, by Mr
Haynes ;

Mr. Speaker —Tiie house of representatives have passed a
bill from the senate, entitled “ an act to explain the fees
of sheriffs in certain cases.”

And then lie withdrew.

A message from the house of representatives, by Mr.
Todd:

Mr. Speaker —The house of representatives concur in the
amendments proposed hy the senate to a bill entitled “ an act
to erect the county of Owen out of the counties of Franklin,
Scott and Pendleton ”

And then he withdrew'.

The speaker laid before the senate the following commu¬
nication, to wit

Secretary's Office, February 5th, 1819.

To the Speaker of the Senate,

Sir—I n compliance with the resolution of the senate of
this day, l lay before the senate all the recommendations in
my possession, or in the secretary’s office, in favor n! persons
to fill the office of circuit judge for the fourth and eleventh
judicial districts.

JOHN FOPE.

A message from the house of representatives, hy Mr.
Barr:

Mr. Speaker —The bouse of representatives concur in the
amendments proposed by the .senate to a bill entitled “ an
act appropriating the bonus of the Farmers and Mechanics’
Bank of Lexington to the Transylvania University lor three
years.”

And then he withdrew.

A message from the house of representatives, by Mr,
Todd, their secretary ;

250

THE SENATE.

25J

Mr. Speaker —The house of representatives concur in the
amendments proposed by the senate upon concurring in those
proposed by the house of representatives to a bill entitled “ an
act to amend and reduce into one the several acts authoris¬
ing changes of venue in civil cases and they concur in the
amendments proposed by the senate to a bill entitled “ an
act for the relief of Joseph C. Belt.”

And then he withdrew.

A message from the house of representatives, by Mr.
Booker:

Mr. Speaker —The house of representatives have passed a
bill entitled “an act adding part of Christian county to the
county of Caldwellin which they request the concurrence
of the senate.

And then he withdrew.

The said bill was taken up and read the first time ; and
the rule being dispensed with, it was read a second time
and committed to the committee of propositions and griev¬
ances.

Mr. Barry read and laid on the table the following reso¬
lution, to wit :

Resolved by the general assembly of the commonwealth of
Kentucky, That the resolution fixing the time of the final ad¬
journment of the present legislature, be rescinded ; and that
when they do adjourn on Tuesday next, they adjourn without
day.

And then the senate adjourned.

SATURDAY, February 6, 1819.

The senate assembled.

A message from the house of representatives, by Mr.
M’Kee*

Mr. Speaker —The house of representatives concur in the
amendment proposed by the senate to a bill entitled “ an act
to incorporate the Burlington and Cynthiana Library Com¬
panies And they have passed bills of the following titles :
An act for the appropriation of money, and an act to amend
the law' to suppress riots, routs and unlawful assemblies of
the peoplein which they request the concurrence of the
senate.

And tlien he withdrew.

The said bills were taken up and read the first time ; and
the rule being dispensed with, they were severally read a
second time, and the latter a third time.

JOURNAL OP

S52

Resolved, That the latter hill <!o pass, ami that Mr. Jones
inform the house of representatives thereof.

The second section of the former bill was read as follows,
to wit:

§ 2; IJc it further enacted. That there he loaned to the com¬
missioners for finishing the public buildings, the sum of
twelve hundred dollars ; and it shall he the duty of said com¬
missioners to settle their accounts on the first day of Decem¬
ber next, and lay a complete statement thereof before each
house of the general assembly, within the first week of its
next session.

Mr. Johnson moved to amend said section by striking out
the word “ loaned,’’ and to insert in lieu thereof the word
“appropriated;” and the question being taken thereon, it
was resolved in the affirmative—Yeas 22. nays 10.

The yeas and nays being required thereon by Messrs.
Griffin and Bridges, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Barry, Bartlett; Bledsoe. Bridges, Chambers, Church¬
ill, Crutcher, Davidge, Davidson, Eve, Fleming, Given,
Bardin, Johnson, Mason, Perrin, Slaughter, Southgate,
Taylor, Thompson and Wickliff.

Those who voted in the negative, are, Messrs. Faulkner,
Ford, Griffin. Harrison, Jones, Owens, South, Wood, Worth¬
ington and Yancey.

Mr. Johnson then moved to amend the bill by striking out
the section as amended ; and the question being taken there¬
on, it was resolved in the negative—Yeas 11, nays 20.

The yeas and nays being required thereon by Messrs.
Johnson and Given, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Faulkner,
Ford, Griffin, Harrison, Johnson, Jones, Owens, South,
Mood, Worthington and Yancey.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Barry, Bartlett. Bledsoe, Bridges, Chambers,
Churchill, Crutcher, Davidge, Davidson, Eve, Fleming,
Given, Hardin, Mason, Perrin, Slaughter, Southgate, Tay¬
lor and Thompson.

The said bill being further amended at the clerk’ tabic, was
ordered to he read a third lime as amended.

It was moved and seconded to dispense with the rule as to
the third reading of said hill, and it, was resolved in the neg¬
ative—Yeas 22, nays 7 (a majority of four-fifth's not voting
therefor).

'HE SENATE

The yeas and nays being; required thereon by Messrs.
Owens and .Tones, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Churchill,
Crutcher, Davidge, Davidson, Faulkner, Ford, Given,
Griflin, Harrison. Jones. Mason, Perrin. Slaughter, South,
Southgate, Taylor, Thompson, WicklifF, 'Wilson, Wood,
Worthington and Yancey.

Those who voted in the negative, are, mi - . Speaker, and
Messrs. Barry, Bartlett, Bledsoe, Fleming, Johnson and
Owens.

The senate received a message in writing from the lieuten¬
ant-governor, by Mr. Waggoner, containing certain nomina¬
tions, which were taken up and read as follows, to wit:

Gentlemen of the Senate,

T nominate for your advice and consent, Edward Neely,
sheriff: Philip Bush, coroner; and John Williams, Joseph
Bigger, Joseph Sloss, John Gibson. Joseph Rowland, Davis
Hardin, William f. Williams, Henry Stratton, Thomas
Beauchamp, Matthew West and Peter Martin, justices of the
peace, in and for the county of Simpson.

Joshua Crump, sheriff; Robert Miller, coroner; and
William Kassinger, Richard Muuford. Isham Hardin. Ar¬
thur M’Gaughey. George M’Lcan, Benjamin I. M’Call,
Philip Maxey, Robert Ferguson,.Jacob Hoidermau, Ephraim
Maxey, Thomas B. Holt, Thomas Muuford. Dudley Roun¬
tree, William Whitman and Jesse Wood, justices of the peace
in and for the county of Hart.

Benjamin Harris, sheriff; Samuel Howard, sen. coroner;
and George Britton, Abner Lewis, Galvin Bailor, William
Taylor, Elisha Green, William Jenkins and John Noe, sen.
justices of the peace in and for the county of Harlan.

GABi.. SLAUGHTER.

February Gth, 1819.

The rule being dispensed with, the said nominations were
taken up and read.

Resolved, That the senate do advise ami consent to said
appointments.

Ordered, That Mr. Yancey acquaint the lieutenant-gov¬
ernor therewith.

Mr. Davidge, from the committee of propositions and
grievances, to whom was referred a bill from'the house of
representatives, entitled “ an act adding part of Christian
county to the county of Caldwell,” reported the -ante without
amendment.

The said bill \x as then read a third time.

. pH

3 .•"**

> /,

JOURNAL OF

Resolved, That the said bill do pass, and that Mr. Given
inform the house of representatives thereof.

Messrs. Yancey and Slaughter, lrom the joint committee
of enrolments, reported that they had examined sundry on-

. .. .. 1 • J.TAI.W. 4 - ... Iirlf . An Lrw r‘ r

rolled bills of the following titles, to wit: An act to erect

ruilcu UUI^ mu. .. . . c

the county of Owen out of the counties ot franklin, Scott,
Gallatin and Pendleton ; an act to regulate the practice of
the n-eneral court in certain cases ; an act authorising cer¬
tain county courts to appoint port wardens, and prescribing
their duties ; an act to erect election precincts in the counties
of Estill and Henderson ; an act to explain the fees ot sheriffs
in certain cases; an act for the relief of Elizabeth Arm¬
strong ; an act to amend the several acts authorising changes
of venue in civil cases •, an act to amend and continue in force
for a longer period the charter of the Bank ol Kentucky ; an
act appropriating the bonus of the Farmers and Mechanics’
Bank of Lexington to the Transylvania University for two
years ; an act to amend an act entitled an act lor the relief
of Peter Sibert; an act for the benefit of Bethel and Bour¬
bon academies ; an act to amend an act entitled an act to
amend an act incorporating the Lexington and Louisville
turnpike road company; an act for the benefit ot Hetty Hall
and others: an act to establish the true line between the
counties of Floyd and Greenup ; an act for the benefit of the
heirs of Henry Garrard, deceased ; an act further to regu¬
late the proceedings of the county court of Fayette ; an act
adding part of Christian county to the county of Caldwell $
an act concerning the marriage of Milton Gray ; an act to
after and amend the law concerning usury ; an act tor the
relief of Joseph C. Belt; an act to amend the law to suppress
riots, routs and unlaw ful assemblies of the people ; and had
found the same truly enrolled.

A message from the house of representatives, by Mr.

Johnston: .

Air. Speaker —The speaker of the house of representatives
having signed sundry enrolled bills, 1 am instructed to lay
vhc same before the senate, for the signature of their speaker.

And then lie withdrew,

Whereupon the speaker signed the said bills, being the
same reported to day by the committee of enrolments, and
they were delivered "to the joint committee, to be presented to
the lieutenant-governor for his approbation. And alter a
short time, mi-." Yancey, from said committee, reported that
they had performed that duty.

PHHH

Bills From the house of representatives of the following ti¬
tles,. to wit: An act establishing a turnpike on the road lead¬
ing from Georgetown to Cincinnati, and for other purposes j
an act to run the boundary line between this state and the
state of Tennessee, west of the Tennessee river; and an act
for the relief of David Woodruff and David Harris : were
severally read a third time.

Resolved, That the first and second hills do pass, and that
--inform the house of representatives thereof.

The question being taken on the passage of I he third, it
was resolved in the negative ; and so the said bill was re¬
jected.

A message from the house of representatives, by Mr.
Knight:

Mr. Speaker —Tire house of representatives have passed a
hill entitled “ an act authorising the. conveyance of certain
lands belonging to the heirs of Mary Boyd and Ann Robin¬
son in which they request the concurrence of the senate.

And then he withdrew.

The said hill was taken up and read the first time; and
the rule being dispensed with, it was l ead a second and third
ti me.

llcsolved. That the said bill do pass, and that Mr. Ford
inform the house of representatives thereof.

The nomination of William Warren, as judge of the 4tl*
judicial district, was taken up ; and the question being taken
on advising and consenting to the appointment, it; was re¬
solved in the affirmative—Yeas 24, nays 7.

The yeas and nays being required thereon by Messrs.
Bartlett and Jones, were as follows, to w it:

Those who voted in the affirmative, ar . Mr. Speaker, and
Messrs. Barry, Chambers, Churchill. Crutcher, Davidge,
Davidson, Eve, Faulkner, Fleming, Ford. Given, Griffin,
Harrison. Mason, Slaughter, Southgate, Taylor, Thompson,
AYicklifi', Wilson, Wood, Worthington and Yancey.

Those who voted in the negative, are, Messrs. Bartlett,
Ilardin, Johnson, Jones, Owens, Perrin and South.

Resolved, That (lie senate advise and consent to the said
appointment, and that Mr. Ford acquaint the lieutenant-gov¬
ernor therewith.

'Pile nomination of Eli Shorlridge, as judge of the 11 th ju¬
dicial district, was taken up.

Resolved, That the senate do advise and consent to said
appointment, and that Air. Mason acquaint the lieutenant-
governor therewith.

THE SENATE.

JOURNAL OF

Mr. Fleming; from the committee of conference on site part,
of the senate, appointed for that purpose, made the.following,
report, to wit:

Tiie committees of free conference from the two houses rcl-'
stive to the disagreeing votes between the two houses on the
bill entitled “ ail act to atriend the laws incorporating inde¬
pendent banks,” have agreed to recommend the following
course:

That the house of representatives agree to the first amend¬
ment made by the senate.

That they agree to the second amendment with an amend¬
ment prepared and in the hands of the committee of the house
of representatives.

That they insist upon their amendment striking out the
tenth section in the amendment made by the senate.

That they recede from their amendment adding two sec¬
tions to the senate’s amendments.

A message from the house of representatives, by Mr.
Hardin:

Mr. Speaker —The house of representatives concur in the
first and second amendments proposed by the senate to a hill
entitled “ an act to amend the laws incorporating indepen¬
dent banks,” With an amendment to (he second ; they insist
upon their .disagreement to the tenth amendment, and they
recede from their disagreement to (heir amendment upon con-
curi'ing'in the tenth amendment : In which amendment they
request (lie concurrence.of the senate.

And then he withdrew.

’A hereupon the said amendment was taken up and concur¬
red in.

Ordered, That the clerk inform the house of representatives
thereof.

A message from the house of representatives, by Air.
Jones :

Mr. Speaker —The house of representatives have passed a-
bill from the senate, entitled « an act to continue in force ttYf*’"'
act to suspend law process in certain cases,” nidi an amend-'
meat, in which they request the concurrence of the senate.

And then he withdrew.

The said amendment was taken up, twice read and con¬
curred in.

Ordered, That Mr. Yancey inform the house of represent¬
atives thereof.

A message from the house of representatives, by Mr.
Baynes :

THE SENATE,

Mr. Speaker —The house of representatives have passed a
bill entitled “ an act for the benefit of \\ illiam Dunning and
Elizabeth Nall in which they request the concurrence of
the senate.

And then he withdrew.

The said bill was taken up and read the first time; and
the rule being dispensed with, it was read a second and third
time.

Resolved. That the said bill do pass, and that Mr. Given
inform the house of representatives thereof.

Mr. Bledsoe moved the following resolution, to wit :

Resolved by the Senate of Kentucky, That the commission¬
ers of t he public buildings in Frankfort be requested to cause
the senate chamber to be so altered as to include the. lobby,
and cause a lobby and gallery to be made on the back of said
chamber next the house of representatives ; and if it can be
done, to cause another fire place to be constructed, and if hot,
to cause a stove to be procured and set up—using their dis¬
cretion as to tlic manner in which the alterations ought to be
made.

Which being twice read was adopted.

A message from the house of representatives, by Mr.
T. Ward :

Mr. Speaker —The house of representatives have passed
a hill entitled “an act to farther regulate the disposition of
the records of the supreme court for the district of Kentucky;"
in which they request the concurrence of the senate.

And then he withdrew.

The said bill was taken up and read the first time.

Mr. Bledsoe read and laid on the table the following reso¬
lution, to wit:

Resolved by Ike general assembly of lac common-wealth of
Kentucky, That sixteen hundred and fifty copies of the laws,
and two hundred and fifty copies of the journals of the pres¬
ent session of this legislature, he printed by the public print¬
ers, and hound b.v Butler and Wood, and be delivered to the
secretary of state for the purpose of distribution.

And thereupon the rule being dispensed with, the said reso¬
lution was taken up, twice read and adopted.

Ordered, That Mr. Bledsoe acquaint the house of represent¬
atives therewith, and request their concurrence.

Mr. Barry, from the committee for courts of justice, to
whom was referred an engrossed bill for the benefit of Thom¬
as Triplett, reported the same without amendment.

2 H

JOURNAL OF

And Hie question being taken on the passage
resolved in the negative; and so the said bill
The resolution foe rescinding the resolutioi
merit, and fixing on a day for the final adjoin
legislature, was

adopting, sa-

Yeas 16, nays 16^

The yeas
Faulkner an

taken up ; and the question uemg uuum u»
aid resolution, it was resolved in the negative—

and nays being required thereon by mcssis.
d Davidgc, were as follows, to wit:

* Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Barry, Bartlett, Bledsoe, Chambers, Crutcher, Hem-
ing, Given, llardin, Johnson, Owens, lerfm, layloi,

Thompson, Wood and Yancey.

Those who voted in the negative, are. Messrs. Churchill,
Davidgc, Davidson, Eve, Faulkner, Ford, GTilhn. ILiirison,
Jones,Mason, Slaughter, South, Southgate, Wickln), Wilson

and Worthington. . ,.

The vote being equal, the speaker declared the resolution

The senate received a message in writing from the lieuten¬
ant-governor, by Mr. Waggener, containing certain nomina¬
tions, which were read as follows, to wit:

Gentlemen of the Senate,

I nominate for your advice and consent, Cyrus W ingate,
sheriff; Benjamin Glass, coroner ; and John Scrimshet,
Jacob Hesler, John Glass, William Davis, sen. James Hcui-
dou, Thomas Wool folk and William Cobb, justices of Hit
peace in and for the county ol Owen.

Edmund II. Taylor, keeper of the state-house and public

•*“* ** lhC 5 ' C " r - CrABt. SLAUGHTER.

February 6th, 1819. -

The rule being dispensed, with, they were taken up arc

rC ‘Resolved, That the senate advise and consent to said ap¬
pointments, and that Mr. Davidge acquaint the lientenant-

eovernor therewith. .. ,

b Mr. Chambers,from the committee to whom was relerrcil
a bill from the house of representatives, entitled an act to
amend the act establishing a turnpike on the road leat.mg
from the. mouth of Big Sandy through the counties of Greer.-
up and Lewis in a direction to Flernmgsburg, to Joseph W at¬
kins’, approved January 31, IS 18.” reported the same uitli-
nut. amendment, avid it was ordered to be laid on vc.

the senate.

253

Abiil from the house of representatives, entitled “ an act
authorising suits against heirs and devisees in certain cases,
and limiting the time of bringing suits against executors and
administrators,” was read a third time and laid on the table
until Monday next.

A message from the house of representatives, by Mr.
Underwood :

Mr. Speaker —Tim house of representatives have adopted
a resolution rescinding the order of adjournment, and fixing
on the day of adjournment; in which they request the concur¬
rence of the senate.

And then he withdrew.

The said resolution was taken up and read as follows, to.
wit:

In the House ok Representatives, Feb. 6, 1819.

Resolved by the general assembly of the commonwealth of
Kentucky, That the resolution to adjourn on Saturday the
6th sine die, he rescinded ; and that when they adjourn on
Wednesday the 10 th inst. they will adjourn sine die.

Extract, Ac.—Attest, R. S. TODD, C. H. R.

And the question being taken upon concurring in said reso¬
lution, it was resolved in the affirmative—Yeas 19, nays 13.

The yeas and nays being required thereon by Messrs.
Wickliff and Jones, were as follows, to wit:

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs.Barry, Bartlett, Bledsoe, Chambers, Crutcher, Dav-
idge, Davidson, Fleming, Given, Hardin, Johnson, Owens,
Perrin, Southgate, r l aylor, Thompson, Wood and Yancey.

Those who voted in the negative, are. Messrs. Churchill,
Eve, Faulkner, Ford, Griffin, Harrison, Jones, Mason,
Slaughter, South, Wickliff, Wilson and Worthington.

Ordered, That Mr. Johnson inform the-house of represent¬
atives thereof.

The senate received information from the lieutenant-gov¬
ernor by Mr. Waggoner, that he did on to-day approve and
sign sundry enrolled hills which originated in the senate,
of the following titles, to wit: An act to regulate the prac¬
tice of the general court in certain cases : an act to amend the
several acts authorising changes of venue in civil cases ; an
act to explain the fees of sheriffs in certain cases ; an act to
erect election precincts in the counties of Estiil and Hender¬
son ; an act for the relief of Elizabeth Armstrong ; an act
authorising certain county courts to appoint port wardens,
and prescribing their duties.

260 JOURNAL OF

Ordered, That the clerk inform the house of representatives
thereof.

Amt then the senate adjourned.

MONDAY, Febrcahy 8, 1819

The senate assembled.

A hill from the house of representatives, entitled ‘ an act
further to regulate the disposition of the records of the su¬
preme court for the district of Kentucky,” was read the hrst

' The rule being dispensed with, it was read a second and

third time. , r

Resolved. That the said bill do pass, and that Mr. Yancey
inform the house of representatives thereof. '

A message from the house ol representatives, y Mi.

Mr. Speaker —The house or representatives have passed a
bill entitled “ an act providing for a change ol venue in the
case of Francis and Sandefiir Petty,” with amendments, in
Which they request the concurrence of the senate.

And then he withdrew. .. ,

The amendments were taken up, twice read and disagreed

Ordered, That Mr. Owens inform the house ol represent¬
atives thereof. .. . .

Bills from the house of representatives of the following ti¬
tles, to wit: An act authorising suits against heirs and de¬
visees in certain cases, and limiting the time of bringing suit
against executors and administrators ; ami an act for the ap¬
propriation of money ; were severally read a third time, the
latter as amended.

Resolved, That said bills do pass, the latter as amended,
and that Mr. Davidge inform the house of representatives of
the former, and Mr. Yancey of the latter, and request their
concurrence in the amendments.

Mr. Yancey, from the joint committee of enrolments, re¬
ported that they had examined sundry enrolled bills of the
following titles, to wit: An act to amend the laws incorpor¬
ating independent banks ; an act establishing a turnpike or.
the road leading from Georgetown to Cincinnati, ana lot
other purposes; an act to run the boundary line between
this state and the state of Tennessee, west of the lennessee
river j an act to incorporate the Burlington and Cyntlnana

THE SENATE.

library companies ; an act authorising the conveyance of cer¬
tain lands belonging to the heirs of Mary Boyd and Ann
Itobinson ; an act to continue in force an act to suspend law
process in certain cases; and had found the same truly en¬
rolled.

A message from the house of representatives, by Mr.
Johnston :

Mr. Speaker —The speaker of the house of representatives
having signed sundry enrolled bills, ! am instructed to lay
the same before the senate, for thc-signature of their speaker.

And then lie withdrew.

Whereupon the speaker signed said hills, being those
reported to-day by Mr. Yancey, and they were delivered to
the joint committee of enrolment, to be presented to the lieu¬
tenant-governor for his approbation. And alter a short time,
Mr. Yancey, from the committee, reported that they had per¬
formed that duty.

On the motion of Mr. South,

Ordered. That the committee of the whole house on the
state of the commonwealth he discharged from the further
consideration of the several hills referred to them; and they
were severally taken up, to wit:

Bills from the house of representatives of the following ti¬
tles, to wit: l. An act to provide for the revision o( the stat¬
ute laws of this commonwealth2. an act to amend an act
entitled an act authorising certain justices of the county
courts to award injunctions, writs of ne exeat and habeas cor¬
pus ; 3. an act to regulate the fees of the jusi ices ot the peace
of this commonwealth ; 4. an act to amend the proceedings
in civil suits against hanks and othpr incorporations; 5. a
bill to create a fund for the purposes of education; G. a bill
for surveying certain lands : and 7. an act to amend the act
for the improvement of internal navigation.

The first, second, fourth, fifth arid sixth bills were ordered
to he laid on the table.

The amendments made to the third bill by the committee
of the whole, were concurred in with amendments.

Mr. Wood moved to amend the said bill by attaching there¬
to the following section, to wit :

§4. No fee shall he received by a justice of the peace for
awarding judgment', recording the same, or issuing execu¬
tion, in any civil case, where the amount of the judgment,
exclusive of interest and costs, docs not exceed twenty-five
shillings.

262 JOURNAL OF

Mr. Johnson moved to amend the said amendment by
striking out « twenty-five shillings,” and inserting m lieu

thereof “ five pounds.” .

And the question being taken on said amendment to the
amendment; it was resolved in the negative—A eas 13, nays

1 The yeas and nays being required thereon by Messrs.
Churchill and Faulkner, were as follows, to wit:

Those who voted in the affirmative, are, _ Messrs. Barry,
Bartlett. Bledsoe, Bridges, Faulkner, Griffin, Ilardin, Har¬
rison. Johnson, Jones, Mason, South and Taylor.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Chambers, Churchill, Crutcher, Davidge, Davidsou,
Fleming, Ford, Given, Perrin, Slaughter, Southgate, Wick-
liflf, Wood, Worthington and Yancey.

The question was then taken on the amendment as hist
proposed, and it was resolved in the affirmative—leas 25,

m Tho yeas and nays being required thereon by Messrs.
"Wood and Faulkner, were as follows, to wit

Those who voted in the affirmative, are, Mr. Speaker, and
Messrs. Barry, Bartlett, Bledsoe, Bridges, Chambers,
Churchill. Crutcher, Davidge. Davidson,Faulkner, Fleming,
Ford, Griffin, Hardin, Harrison, Johnson, Jones, Mason,
Slaughter, South, Southgate, Taylor, Wilson and « «««•
Those who voted in the negative, are, Messrs. Given,
Owens. Perrin, Wickliff, Worthington and Yancey.

Mr. Wickliff then moved to amend the said hi. 1 by attack¬
in'’- thereto the following section, to wit:

% it further enacted, That the justices of the peace shall
lnve after the first dav of May next, jurisdiction of all sums
under one hundred dollars, founded on a specialty or note m
writing for the direct payment of money.

Mr. Crutcher moved to amend the said amendment, by-
striking out “ one hundred,” and inserting “ twenty-live.

And the question being taken on said amendment .o the
amendment, it was resolved in the negative—Yeas 6, nays

" The yeas and nays being required thereon by Messrs.
Wickliff and Crutcher, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Barry,
Bartlett, Bledsoe, Crutcher, Hardin and Johnson.

Those who voted in the negative, are, mi*. Speaker, and
Messrs. Chambers, Churchill, Davidge, Davidson, Faulkner,
Fleming, Ford, Given, Griffin, Harrison, Jones, Mason,

3 ••

fiHilii

THE SENATE.

253

Owens, Perrin, Slaughter, South, Southgate, Taylor, Wick-
jiff, Wilson, Wood, Worthington and Yancey.

The question was thro taken on tiie amendment as first
proposed, and it was resolved in the negative—Yeas 11, nays
19 '.

The yeas and nays being required thereon by Messrs.
Wickliff and Crutcher, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Churchill,
Faulkner, Ford, Owens, Perrin, Slaughter, South, Wickliff,
Wilson, Wood, Worthington and Yancey.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Barry, Bartlett, Bledsoe, Chambers, Crutcher,
Davidge, Davidson, Fleming, Given, Griffin, llardin, Harri¬
son, Johnson, Jones, Mason, Southgate, Taylor and Wood.

The said hill was then read a third time as amended.

Rcsdved, That the said bill as amended do pass, and that
Mr. Churchill inform the house of representatives thereof and
request their concurrence in the amendments.

The seventh hill was amended at the clerk's table, and
having been engrossed w as read a third time.

Resolved, That the said bill do pass, and that the title he
« an act to suspend the operation of tiie act for the improve¬
ment of internal navigation.”

Ordered, That Mr. Jones do carry said bill to the house
of representatives, and request their concurrence.

A message from the house of representatives, by Mr,
Pope :

.Mr. Speaker —The house of representatives have passed a
hill from the senate, entitled ■* an act providing for a change
of venue in the case of David It. Campbell,” with amamend-
incnt, in which they request the concurrence of the senate.

And then he withdrew.

The amendment was taken up, twice read and concurred
in.

Ordered, That Mr. Ford inform the house of representa¬
tives thereof.

A message from the house of representatives, by Mr.
Todd:

Mr. Speaker —The house of representatives have passed
hills froin the senate of the following titles, to wit : An act
establishing and regulating certain towns in this common¬
wealth ; an act establishing an academy in the county of Liv¬
ingston : an act providing for the navigation of Pond river
and an act for tiie benefit of the infant In irs of James Hughes,
deceased, .with an amcndinent.to the latter : And they have

I i

passed a bill entitled “ an art, supplemental to the, act. csujy-
lishinEf the county of Owen In which amendment amt lull
they request theconciuToncc of the senate.

’ And then lie withdrew. , ..

The amendment was taken up, twice l'Cjid and concurred

in ' Ordered, That Mr. Barry inform the house of representa-

^The bill was taken up and read the first time ; and the rule
he>n"* dispensed with, it was read a second and third tune.

jj'cs,)lved, That the said bill do pass, and that Mr. Jones
inform the house of representatives thereof.

A message from the house of representatives, by Mr,

Mr. Speaker- —The house of representatives have passed a
hill from the senate, entitled an act to amend the art enti¬
tled an act respecting the conveyance, and also the division
nMlie, real estate of William Kennedy, Benjamin Beall and

THE SENATE.

“■Ga

That Hie plan of improvement adopted by him lias been by
erecting brush-dams in the form of wing-dams, thereby nar¬
rowing and deepening it at low water, and removing logs,
rucks, &c. from which system much benefit he believes will
result to the navigator in low water ; he also believes much
benefit will result from what has been done; and he also
further believes improvements of the same kind may he ex¬
tended to great advantage.

The undersigned deemed it necessary to employ his hands
by the day instead of the month, because if employed for any
longer period of time, from the frequent rises in the Ken¬
tucky river, or a reflux of back-water from the Ohio river,
considerable loss might and would have accrued.

The undersigned lias been prevented from the accumulated,
unforseen, important other business, from making settlements
with the county courts within the time prescribed by law ;
and respectfully prays that the courts maybe authorised to
make a settlement with him at some future period, or that
some other mode may he adopted by your honorable body'.

The undersigned was prevented from making a settlement
with the, courts of the several Counties before the legislature
met, because his hands were at work at the several ripples
between Frankfort and the mouth of the river all the fall ;
nor was the work finished before the 1st December.

The undersigned will state that I he. commissioners appoint¬
ed to this river laid it. oft'into districts, and assigned to him
that part from Frankfort to the mouth, lie also states (bat¬
he has received a check upon the treasury for only S 2,333
33 1-3 cents ; and that he has expended as per account here¬
with rendered, S 2,215 67 cents.

The. undersigned would offer as a further reason why he
could not settle his accounts with the courts, that he had
made contracts with individuals for removing obstructions
opposite the Clay lick and at other places which have not
yet been complied with.

Tha t, each of the commissioners drew on the treasury in¬
dividually for their third part of the monies appropriated for
this river, or so much thereof as they deemed competent to
meet the expenditures they incurred : That tlie undersigned
only drew for the aforesaid S 2,333 S3 1-3 cents, which was
not the full amount of a third part of the money appropria¬
ted for improving the navigation of this river ; and Uiatthe
balance in his hands will probably meet the contracts above
alluded to,' and not vet complied with.

RICHARD TAYLOR.

Abstract of monies laid out and expended from July, l o l 8, to
November, 1S18, both months inclusive, by Richard J'ayloi »

commissioner for the Kentucky River "within the counties oj

Franklin. Gallatin and Henry.

To cash paid Moses Lucas, as per voucher, S 4 00

To do. paid Levi Craig, as per do. 215 00

To do. paid John \V. Buckner, as per do. 253 00

To do. paid Elijah Clarke for boat for use of hands 75 00

To do. paid Carter Blanton for do. as per do. 425 00

To do. paid Benjamin Rawson, 165

To do. paid Benjamin Long, 150 00

To do. paid Low and Sanders, as per do. 571 53$

To do. paid William Sanders, as per do. 26 00

To do. paid Benjamin Taylor, 20 00

To do. paid E. M. Loe, 1 27

To do. paid Ezra Richmond for cables, 57 87

To ain’t, provisions furnished handsbv R. T. com’r. 135 00
To cash paid by Alex’r. Rennick, Esq. to hands at

island at Frankfort, 68 50

To R. Taylor for fifty days personal services at

g 2 50 cents per day, 125 00

To 2 days making out and preparing accounts at

S2 50 cents per day, 5 00

To John Harper’s account as per do. and receipt, S3 50

125 00

To a cross-cut saw and sledge-hammer furnished by
R. Taylor,

S 2,215 67i

A message from the house of representatives, by Mr.
Rennick ;

' Mr. Speaker — The house of representatives have passed
bills from the senate of the following titles, to wit: An act
for the relief of Patty Bohannon j an act for the benefit ot
Samuel May : an act for the benefit of the heirs of Christo¬
pher Hardwick ; an act authorising the county court ol Muh¬
lenberg to dispose of part of their public ground ; an act,
further to regulate the town of Germantown, in the counties
of Mason anil Bracken ; an act directing the clerk of Mason
county to transcribe a certain record book ; an act for the
benefit of Margaret Swim; and an act to incorporate the
Southern College of Kentucky, with amendments to the two
latter, in which they request the concurrence of the senate.

And then he withdrew.

The said amendments were taken np 3 twice read and con¬
curred in.

JOURNAL OF

THE SENATE,

Ordered, That Mr. Yancey inform the house of representa¬
tives thereof.

A message from the house of representatives, by Mr.
Barr :

Mr. Speaker —The house of representatives have passed a
bill from the senate, entitled “ an act to incorporate the Lex¬
ington Athemeum.”

And then he withdrew.

The senate received a message in writing from the lieuten¬
ant-governor, by Mr. Waggener, containing certain nomina¬
tions, which were read as follows, to wit:

Gentlemen nf the Senate,

I nominate for your advice and consent, Michael Glavcs,
lieutenant colonel of the 21st regiment, in place of Stephen
Thrasher, resigned.

James Browning, major of the same regiment, in place of
Michael Glaves, if promoted:

GAEl. SLAUGHTER.

February 8th, 1819.

The rule being dispensed with, they were taken up.

j Resolved, That the senate advise and consent to said ap¬
pointments.

Ordered, That Mr. Southgate acquaint the lieutenant-gov¬
ernor therewith.

They also received information that the lieutenant-govern¬
or did on to-day approve and sign an enrolled bill which ori¬
ginated in the senate, entitled « an act to continue in force
an act to suspend law process in certain cases.”

Ordered, That the clerk inform the house of representatives
thereof.

On the motion of Mr. Barry, who voted with the majority
on a former day of the session, whereby a bill from the house
of representatives, entitled “ an act concerning certain of¬
fences committed by slaves, and giving the circuit courts ju¬
risdiction of the trial of slaves for capital offences,” was re¬
jected.

Ordered, That a message be sent to the house of represent¬
atives, requesting leave to withdraw the report of the rejec¬
tion of said bill, and that Mr. Barry do carry said message.

A message from the house of representatives, by sir.
Baylor:

Mr. Speaker —Agreeably to the request of the senate, I am
instructed by the house of representatives to return a bill
which originated there, entitled “ an act concerning certain

JOURNAL OF

offences committed by slaves, and giving the circuit courts
jurisdiction of the trial of slaves for capital offences.

And then lie withdrew.

Mr Barrv. from the majority in the vote whereby said
bill was rejected, moved to re-considcr the vote ; and it be-
imr resolved in the affirmative, the bill was committed to
Messrs Barry, Bledsoe, Southgate and Davidge.

And after a short time, Mr. Barry, from said committee,
reported the bill with amendments, which being twice read
Av ,'re concurred in, and the bill read a third time as amend-

CA Resolved, That the said bill as amended do pass, and that
Mr. Barry inform the house of representatives thereof, and
request their concurrence in the amendments.

A bill to extend in part an act to continue in lorce an act
for appropriating the vacant lauds in this’commonwealth, ap¬
proved January 9,1818, was taken up, amended at the clerk’s
table, and (having been engrossed) was read a third time.

Resolved, That the said bill do pass, and that the title be
“ an act to extend in part an act for appropriating the vacant

lauds, approved January 9, 1818.”

Ordered, That Mr. Wilson do carry said bill to the bouse

of representatives, and request their concurrence.

A message from the house ot representath es, by Mr.

' Mr. Speaker —The house of representatives have passed a
bill for the benefit of James Sammons.

And then be withdrew.

A message from the bouse or representatives, by Mr.

Coombs: , , .

.Mr. Speaker—The bouse of representatives have passed a
bill from the senate entitled “an act for the relied o! the
sheriff of Hardin county,” with amendments, in winch they
request the concurrence of the senate.

And then he withdrew.

The said amendments were taken up. twice read and con¬
curred in. , , „ ,

Ordered. That sir. Crutcher inform toe house ol represent¬
atives thereof.

A message from the house of representatives, by sir.

Chew : . , i

J\Ir. Speaker —The house of representatives have passed a

hill from the senate, entitled “ an act establishing an election
precinct in Bourbon county,” with amendments, in which
they request the concurrence of the senate.

r And then he withdrew.

The said amendments were taken up, twice read and dis¬
agreed to.

Ordered, That Mr. Ilardin inform the house of representa¬
tives thereof.

Mr. Carry, from the majority in a vote on a former day
oTthe session, whereby an engrossed bill to increase the com¬
pensation of the members of the general assembly, was re¬
jected. moved to re-consider the vote, and it was resolved in
the affirmative.

And the question being taken on the passage thereof, it
was resolved in the affirmative—Yens 18. nays 14.

The yeas and nays being required thereon by Messrs.
Yancey and Faulkner, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Harry,
Bartlett, Bledsoe. Chambers, Crutcher, Davidge, Davidson,
Fleming, Given, Griffin, Ilardin, Johnson, Perrin,Slaughter,
Thompson, Wilson, Wood and Worthington.

Those who voted in the negative, are, Mr. Speaker, and
Messrs. Bridges, Churchill,Faulkner, Ford. Harrison, Jones,
Mason, Owens, South, Southgate, Taylor, Wickiill and "Yan¬
cey.

Resolved, That the said hill do pass, and that the title he
« an act to increase the compensation of the members of the
general assembly.

Ordered, That Mr. Barry do carry said bill to the house
of representatives, and request their concurrence.

And then the senate adjourned.

TUESDAY, February 9, 1819

The senate assembled.

A message from the house of representatives, by Mr.
Booker :

Mr. Speaker —The house of representatives have passed
bills from the senate of the following titles, to wit: An act
to extend the limits of the town of Pcrryville ; an act for the
benefit of Catherine Amis, Agocss Snider, Rebecca Mitchell
and John Hole ; an act to incorporate the Eddyville Steam-
Mill Company ; an act altering the terms of the circuit courts
of Bath, Floyd and Greenup counties; and an act for the
benefit of Rebecca Gill, with amendments (o the two latter,
•in which they request the concurrence of the senate.

And then lie withdrew.

The said amendments were severally taken tip, twice read
and concurred in.

Ordered, That Mr. Bledsoe inform the house of represent¬
atives thereof.

A message from the house of representatives, by Mr.

Baylor: ,

Mr. Speaker —The house of representatives have passed
bills from the senate of the following titles, to wit : An act
for the benefit of the heirs and devisees of Andrew Todd ;
and an act providing for the collection of part of the revenue
of Fayette county for the year 1817 ; with amendments to
the latter, in which they request the concurrence of the sen¬
ate.

And then he withdrew.

The said amendments were taken up, severally read and
concurred in with amendments.

Ordered. That Mr. Bledsoe inform the house of representa¬
tives thereof, and request their concurrence in the said amend¬
ments. . '

Mr. Bledsoe, from the joint committee appointed to exam¬
ine and report the state of the penitentiary, made the follow¬
ing report, to wit:

The committee appointed by the general assembly orKen-
tucky, to inquire into the condition and report the state of
the accounts of the penitentiary ol this commonwealth, beg
leave to report: _

That in the discharge of that duty, the chairman of the
committee addressed to the agent ol that institution the fol¬
lowing letter:

The committee appointed by the general assembly of the
commonwealth of Kentucky, to inquire into the condition
and report the state of the accounts of the penitentiary, re-
oucst the agent for the same to furnish the committee with a
statement of the result of the general accounts of said institu¬
tion. noting the result of each year from its commencement to
the close of last years account: Noting therein the average
number of convicts in each year ; the expencc of keeping
them ; the quantity or value of raw materials of each year;
the amount of money drawn from the treasury in each year;
the general result of credit and debit to the staie in each year;
the amount of costs for buildings, &c. of the establishment.

J. BLEDSOE, Chairman.

January 26th, 1819.

And received from him in answer thereto the following:

TIIE SENATE

Penitentiary Agent’s Office, Jan. 28,1819.

Bear Sir —On looking over the bonks of this institution,
from 1802 to the beginning of 1817, for the purpose of com¬
plying with the requisitions of your note of the 26th inst. I
find it impracticable to do so, owing to the manner of keep¬
ing accounts in the books of the penitentiary between those
periods. There has been no regular account kept between
the state arid the institution ; nor is there any account show¬
ing a general and annual result of the transactions of the in¬
stitution, nor file nor record of the reports made yearly to
the legislature by agents or keepers, previous to 1817. ft is
therefore out of my power to furnish you any statement far¬
ther back than February 1817, being the time which the agent
under the late law came into office. A statement of the
transactions under the. control of the agent, from that time,
is enclosed. The auditor informed me he should furnish the
committee with the account of the first cost of the buildings,
&c. of thisestahlishment—there is no record of it in tliisoilice.
The number of convicts received and discharged; the expence
of keeping them ; the probable value of raw materials each
year; the amount of money drawn from the treasury each
year, and the general result of debits and credits to the state
each year, arc subjects \' Inch the books here furnish no annu¬
al estimate of, and of which the agent for the last two years
can know nothing officially : They properly belong to the
keeper ; I have therefore shown him your note, that he may
make report to the committee concerning them.

Respectfully, your obedient servant.

J. E. WOOLDRIDGE, A. P.

Jesse Bledsoe, Esq. Chairman of the committee
for the Kentucky Penitentiary.

The committee proceeded to examine the books and ac¬
counts of the agent, and find the same to correspond with his
account rendered the auditor. The accounts appear to be
fair and correct, and arc kept in a manner which does credit:
to the capacity and integrity of the agent. Ilis report is here <
to annexed, and is as follows :

BI B

S 72 JOURNAL OF

Ji statement of accounts, <$'c. delivered the agent, by the keeper
of the Kentucky penitentiary, the 1 \th February 1817 ; of
the amount of manufactures, cost and interest, since receiv¬
ed; of the amount of cash paid in the treasury, cost paid on
suits. errors discovered in keeper’s accounts, and price oj
nails reduced, from the above date to SO th September 1818.

Accounts rec’d. of keeper, S 23,040 38

Manufactures rcc’d. from do. 4,934 53

Manufactures received week¬
ly of keeper, from 12ft Feb.

1817, to 30th Sept. 22,645 21

Interest received during same

time, 12 50

Cost received do. do. 91 31

Cash paid in treasury from
12th Feb 1817 to 30th Sept,
inclusive, 10,557 25

Cost paid on suits during the

same time, 92 67

Errors in keeper’s accounts, 126 65
Price of nails reduced, 199 72

22,749 02

■ 10,976 29

Manufactures rec’d. of keeper
from 1st Oct. 1817 tcv&Otli
Sept. 1818. inclusive, 30,060 75

Interest received during the

same time, 22 72

Cost received do. do. 59 37
Received for retailing profits, 37 5 00

30,517 84

Cash paid in treasury from 1st
Oct. 1817 to 30th Sept.

1818 , inclusive
Cost paid on suits during t!
same time,

Errors in keeper's accounts
Trice of nails reduced,

17,107 56
LC

59 85
, 176 24

697 00

-18,020 75

2S,997 04 8L,250 77
28 997 04

THE SENATE. »y 3

On (lie 30th Sept last, the agent’s account stood thus :

Bonds and accounts, g 30,541 71

Manufactures on hand, 21,712 81

till

On the 30th Sept. 1817, thus
Debts, &c.

Manufactures,

52,254 52

24,673 95
15,397 92

FjJWi

40,071 87

Amount of sales for the year ending 301 h Sept.

1817, Commencing from the 12th Feb. 1817, 12,181 67

Amount of sales from 1st Oct. 1817, to 30lh Sept.

IS 18, g 23,225 10

J. B. WOOLDRIDGE, A. T.

January 28, 1819.

From which it appears that tlic amount of sales of arti¬
cles there manufactured for the year commencing tlic 12th
of Feb. and ending the 30tli September, 1817, was

S 12,181 67

And the amount of sales from the last mentioned
time to tlm 1st Oct. 1818, was 23,225 10

That the cash paid hy same into the treasury
during the period last mentioned, was 10,557 25.

And during the latter period-the cash paid into
same, was 17,107 56

During the former period the. amount, of manu¬
factured articles received by the agent from
the keeper, was 22,645 25

And during the latter period the amount of do.
recei ved by same of same, was 30,060 75

The first period was during the agency of the late incum¬
bent, the latter during that of the present. It: thus appears
that tlic money paid into the treasury (luring the last men¬
tioned period, more nearly approaches the amount drawn
out. and that there lias been an increase of manufactured ar¬
ticles, and ofsales of the same, more than corresponding
with the increase of the number of convicts. The number of
convicts during tlic former period being46,and during the lat¬
ter 57.

The expenses of the institution during the former

period, amounted to g 3,755 15

During the latter, to 5,999 46

Itavv materials Consumed during the first, 13,333 21

Do. do. do. during the latter, 19,979 95

2 K .

17,107 56

22,645 25

30,060 75

JOURNAL OF

Casli drawn from the treasury in 181,, . ~ 8 ’_ r ;

Do. do. do. in 1313, 22,757 08

On the first day of October, 1818, the. general accounts ot
(he institution stood thus :

CREDITS.

V, , i -t §31,410 00

By debts due it, w of) 840 33

By Manufactured articles on hand, a .Vi A

llaw materials on hand, ___ _

Making in all, * 53 ’ 803 87

DEBITS.

To bonus from the state, S in’l 14 18

To advances by the keeper, ’ Vr b ss

For agent’s and keeper’s compensation due, __

§ 28,350 11

Nominal worth of the institution on the same ^

The gross profits of the institution on the same ^ ^ ^

From which deduct for expences of do. _ 9 U 18(! 74

Leaves for nett profit, . .,'' ,4 ' G S >

Bv a reference to the report of last year, it wu *|PF ai

that "the nominal worth of the institution on the fi.st day of
October, ...7, «a, .seated at about 8 -■»»» “

And for 1816, at .

Here it appears that the nominal worth ot the in-

stRution for the last year, ending 1st Oct. ^

1818 , which is , j0,4jj ‘

Making an amount less than that ot the preced¬
ing year, according to the report of the com- ^ ^

When the number of convicts was 46, and making rnily a-
boutg 1,000 more than the year 1816, when too number ot

convicts was still less.

Of the 57 now confined in that institution, t.icie ai^ ■ s‘-
ged in the cut nail factory,

In the wrought do.

In the shoe do.

In the chair do.

In the blacksmiths’ do. o

Washing and cooking, „

Unfit for duty,

2,546 24

9 *

r’

THE SENATE. ST'S

With regard to the buildings and condition of the institu¬
tion, the committee are compelled to assent to the report of
the committee of last year on this subject, in the whole of
which, respecting the site and state of the buildings, and the
necessity of a change, they concur, and beg leave to refer
to the same as fully expressive of the opinion of this commit¬
tee. This committee cannot forbear the expression of an
opinion that this institution originating in the most benevo¬
lent and just motives, and upon principles which seem to ac¬
cord with correct ideas of the use of punishment, is likely to
become more burthensome to the state than it ought ; and
that it is certainly susceptible of more profitable manage¬
ment. The labor of the convicts is incessant, and of a kind
promising profit; and it is scarcely to be conceived that the
same number of hands not in their situation as to confine¬
ment, with the advantage of so large a loan as a capital for
purchasing raw materials, properly employed, should yield so
small a profit. The confinement, coarse clothing and fare
of the convicts cannot well be supposed to lessen the profits of
their labors. Something is, therefore, evidently defective in
the organization or management of the institution. The re¬
sults speak stronger than any argument.

The committee, therefore, recommend the adoption of the
following resolutions :

Resolved, That a law ought to pass authorising the ap¬
pointment of three commissioners, with powers to select and
contract for the purchase of a site, and prepare a plan
for a suitable building immediately upon the bank of
the Kentucky river, for a penitentiary house ; and also to
contract for the sale of the present establishment, possession
of which to be given as soon as the new building maybe com¬
pleted, and report the same to the next legislature subject to
their approbation.

Resolved, That the, keeper and agent of the penitentiary
ought in future, to he elected annually by a joint vote of both
branches of the general assembly.

From the Senate,

J BLEDSOE,

JOHN FAULKNER.

From the House of Representatives,

U. S. TODD,

ROHr. BARRETT,

G E 0 RGE B. KN TOUT,
JOSEPH. THOMA ,
Tilths. DOLLKRIUBE.
N. S. DALLAM.

;!) ,v '

Him

;27t> JOURNAL OF

The resolutions were adopted, and the committee diiectcd
to report a.bill pursuant thereto.

,\nd after a short time, \ir. Bledsoe reported a bill, 'v Inch

was read the first time.

The rule being dispensed with, it - was read a second and

third time (having been engrossed). .... .

Resolved, That the said bill do pass, and that the title be
an act concerning the penitentiary.”

Ordered, That Mr. Fleming do carry said bill to the house
of representatives, and request their concurrence.

A message from the house of representatives, by Mr.

Ren nick:

Mr. Speaker —The house of representatives have passed
bills from the senate of the following titles, to wit: An act
for the benefit of Lawrence Flournoy ; an act to amend the
act concerning occupying claimants ot land; an act tor the
benefit of the heirs of John Marshall and others ; and an act.
establishing certain inspections, with amendments to the
three latter, in which they request the concurrence of the
senate.

And then lie withdrew.

The amendments to the two former were taken up, twice
read and concurred in.

Ordered, That Mr. Fleming inform the house of representa¬
tives thereof.

The latter bill, with the amendments, was ordered to tie
laid oil the tabic until the 10th day ot March next. _

A message from the house of representatives, by Mr.

Baylor : .

Mr. Speaker —The house of representatives concur in the
amendments proposed by the senate upon concurring in those
proposed by the house of representatives to a bill entitled •• an
act providing for the collection of part of the revenue ot k ay-
ette county for the year 1817.”

And'then he withdrew.

Ordered, That the public printers forthwith print 400 copies
of said bill for the use of the members of the- legislature.

Mr. Jones read and laid on the table the following reso¬
lution, to wit:

Resolvedly the general assembly of the commonwealth oj
Kentucky, That the acting governor be, and be is hereby re¬
quired forthwith to issue his proclamation, forbidding all
persons from settling on or taking possession ol any part ot
the vacant lands within the limits ot (lie tract of country late¬
ly acquired by the treaty made by Andrew Jackson and Isaac

--—

THE SENATE. 277

Shelby with the Chickasaw Indians. And all persons who
arc now settled upon, or may hereafter offend against the said
proclamation, shall be denned trespassers, ami he subjected
to such penalties as shall hereafter he prescribed by law.
The said proclamation shall bo published six months in the
paper published by the public printers of this commonwealth,
and in the newspaper printed at Hopkinsville. And the act¬
ing governor is hereby requested and authorised to employ
any portion of the militia, to remove unauthorised intruders
on the said vacant lands, if necessary.

A message from the house of representatives, by sir.
M’Millan :

Mr. Speaker —The house of representatives have passed a
bill entitled “an act concerning the Estill academy j” in
which they request the concurrence of the senate.

And then he withdrew.

The said hill was taken up and read the first time ; and the
rule being dispensed with, it was read a second and third time.

Resolved, That the said hill do pass, and that sir. Mason
inform the house of representatives thereof.

Mi-. Bledsoe read and laid on the table the fullhwing reso¬
lution, to wit :

Resolved liy the general assembly of the common-wealth of
Kentucky, That the commissioners appointed by an act enti¬
tled “ an act to suspend the act for the improvement of inter¬
nal navigation,” he directed, in making out their report for
the present year, to note, as far as practicable, the amount of
exports, and the kind and value of the articles exported down
the several rivers to which they are appointed.

Resolved, That the wardens of the ports of Louisville,
Mi lysville and Smitlilaud he directed to make a like report
of articles the growth or manufacture of this commonwealth,
during the present year, so far as tiic same may be shipped
from said ports ; and also report the amount, as above, of all
produce shipped between the said ports, and above Mays-
ville, and below Smitlilaud, from'this state ; together wit!) the
amount of all imports, as far as practicable. All the said re¬
ports to extend back, so far as information can be collected,
to the commencement of the present year.

The rule being dispensed with, the resolution was taken up,
twice read and adopted.

Ordered, That Mr. Bledsoe acquaint the house of represent¬
atives therewith, and request their concurrence.

Sir. Davidge presented the report .of Richard Taylor, one
of the commissioners for improving the navigation of the

Kentucky river, of the estimate of exports from iiis ware¬
house on the Kentucky river, for the year 1818 j which re¬
port was taken up and read as follows, to wit:

An Estimate

Of tlx- Exports from the Warehouses in. Frankfort and Lees -

fold during lhe V ear 1818 ’ blj the TCenlnck y r d r f

From the warehouse at Lees town: 10,550 Ids. flour,

' whiskey, 1084 beef and pork, 10 hhds. tobacco, 500 his,
Kwl 4*7 manufactured tobacco, 1000 pieces bagging, 1568
roils bale rope, 7 cables, 20,000 lbs. bacon, 1183 boxes can¬
dles. 1800 do. soap. 965 reams of paper, 800 kegs pow der.

On band : 1000 b!s. flour. 20 whiskey, 300 beef and pork,
hhds. tobacco, 150 Ids. lard, 100 manufactured tobacco,
500 pieces bagging, 3000 coils bale rope, 1 cable, 80 boxes
candles.

From Lewis’ warehouse : 8000 lbs. flour, < 00 whiskey,

soo beef and pork, 250 hhds. tobacco, 100 bis. lard. 100 man¬
ufactured tobacco, 500 pieces bagging, 200 coils bale rope.

On band—Not known.

From Hunter and Armstrong’s warehouse : 240 bis. llonr,
54 w hiskey, 25 manufactured tobacco, 188 coils bale rope, 4
cables, 4 spun yarn, 10.000 lbs. bacon. •

Total— 14,*90 bis flour, at 6 dollars, £ 8/ ,av0

2.148 do. whiskey, at 50 dollars, ^

2,5S4 do. beef ami pork, at 15 dollars, 33,760
282 hhds. tobacco, at 50 dollars, 14,100;

,750 bis. lard, at 20 dollars. 15,000

642 mail'd, tobacco, at 30 dollars, 19,260

1.800 pieces bagging, at 15 dollars, 27,000

4,954 coils bale rope, at 10 dollars, 49.540

12 cables, at 260 dollars, 3,000

. 4 spun,yarn, at 100 dollars, 400

30,000 lbs. bacon, at 10 dollars, 30,000

1.263 boxesrandies, at 10 dollars, 12,630

1.800 do. soap, at 10 dollars. 18,000

965 reams of paper, at 4 dollars, 3,860

800 kegs of powder, at 50 dollars, 4,000

Total value, S 324,164
From Frankfort to the mouth of the Kentucky
i-iver. there are five warehouses, estimated to
contain ft, 45tihhds.of tobacco,worth,at50 dulls. 122,500

Total amount of exports, S 446,664
JVofe—Much has been exported by citizens and merchants
from private store-houses.

mmmmm

578

JOURNAL OF

THE SENATE

vi%. at Leeslown and limiter <§• Jlrnvsirong's,
chants, Spc.

135 iilnls. sugar, at 200 dollars,

3,456 bis. salt, at 10 dollars,

100 tons iron, at 250 dollars.

234 boxes salmon, at 30 dollars,
34 bis..fisli, at 25 dollars,

57 crates earthen ware,

l pipe wine,

10 bis. pecanes, at 12 dollars,

10 bis. nails, at 20 dollars,

740 bis. porter,

74 tons of dry goods and groceries.

and hij mer-

S 7,000
34,560
25,'OTO
G.'O 20
350
4,000
700
120
20 ®
11,100
222,000

Total value of imports, S 312,63®

A message from the house of representatives, by xn\

M’Kcc :

Mr. Speaker —The house of representatives concur in the
1st, 2d, 3d. 4th, 5th, 6th and 8th amendments proposed by
the senate to a hill entitled « an act for the appropriation of
money,*’ with amendments : and they disagree to the 7th ami
Dili amendments : in which amendments they request the
Concurrence of the senate.

And then he withdrew.

The said amendments were taken up, twice read and.con¬
curred in.

Resolved, That the, senate insist on their 7th and flt'i
amendments to said bill.

Ordered, That Mr. Bledsoe Inform the house of represent¬
atives thereof.

. Ou the motion of.Mr. Barry. leave was given him to re¬
port a bill to amend the act to appoint, a sergeant for the
court of appeals; which was read the first time.

■ And the question being taken on rendiugthe said hill a sec¬
ond time, it was resolved in the negative $ and so the said bill
was rejected.

Messrs. Yancey, Given and Slaughter, from the joint com¬
mittee of enrolments, reported that they had examined sun¬
dry enrolled bills of the, following (lues, to wit: An act au¬
thorising suk'u agniiist heirs and devisees in certain cases,
ami limiting the time of bringing mats'against executors and
administrators ; an act further to regulate the disposition of
the records .of. the supreme court for the. district of Kentuc¬
ky j an act for the benefit of William Dunning and Elizabeth

Nall ; an act further to regulate the town of Germantown,
in the counties of Mason and Bracken ; an act for the lieno-
fitoftiic infant heirs of James Hughes and Moses Hawkins,
deceased ; an act fortlic benefit ofthesher.ff of Hardin coun¬
ty, and for other purposes ; an act lor the benefit ot Samuel
May ; an act establishing an academy m the county ot Liv¬
ingston : an act: lor the benefit of Margaret Swim and Jane
Berry: an act directing the clerk ot Mason county to tran-
scrihb a certain record hook; an act to incorporate the South¬
ern College of Kentucky, the College of Urania, and the
“Western College of Kentucky ; an act authorising the coun¬
ty court of Miihlenburg to dispose of part of their public
ground ; .an act for the benefit of James Sammons ; an act
supplemental to the act establishing the county of Owen ; an
act for the relief of the administrators of Reuben Lnderwood
and the heirs of Spencer Gill ; an act providing lor the nav-
jo-ation of Bond river ; an act for the benefit ot the heirs ot
Christopher Hardwick ; an act fortlic benefit of James M il-
liams ; an act incorporating the Lexington Athenteum ; an
act establishing and regulating certain towns in tins com-
SoStl.; an act for the relief of Batsey Bohannon; an
act for the benefit of the Union academy ; an act to ■ U1U I1<I
the act entitled an act respecting the conveyance, and also the
division oft lie real estate of William Kennedy, ®®"JJ"i ,l |
Beall and Jennettc 11. Beall, late ot the county of Ca.npb II,
an act authorising the county court ol Bulaski to ma*o addi¬
tions to the town of Somerset; an art providing tor the
change of venue, in the case of David H. Campbell ; an act
i'..r the benefit of tlie heirs of John Marshall an act lor the
benefit of Rebecca Gill; an act for the benefit ct Lawrence
-j j (illI .„„ v . an act to amend an act entitled an act to amend
Verning occupying claimants of land ; an act cx-
t(T' : n >■! • terms of the Bath circuit court; an act stipplc-
\ t( .„■> ‘eriug the mode of taking in lists of taxable
. to extend the limits of the town of Berry-

{ ' the benefit of Catherine Amis, Agness Sits-

, ' Iti! hell and John Hole ; an act to incorporate

p ■ !|e hieam-Mill Company ; an act concerning the.

y . end had found the same truly enrolled.

■ trom the liuuse of representatives, by Sir.

d,. •'

b "toa

it— The speaker oft he house of representatives
d sundry enrolled bills, i am instructed to lay
dore the senate, for the signature of their speaker,
.leu he withdrew.

S80

JOURNAL OF

THE SENATE.

2§i>

Whereupon the speaker signed the said bills, being the
reported to-day by i be committee of enrolnyents, and
riiev were delivered to the joint committee, to be presented to
the’lieutenant-governor for his approbation. And after a
abort time, mV. Yancey reported that they had performed
that duty.

The senate received information front the lieutenant gov¬
ernor, by Mr. Secretary Pope, that lie did on to-day approve
and sign sundry enrolled hills which originated in the senate,
of the following titles, to wit: An act authorising the coun¬
ty court of M.ihlcnburg to dispose of part of their public
ground; an act for the benefit ot James Sammons; an act
for the benefit of Union academy ; an act, for the relict oE
l»atty Bohannon ; an act authorising the county court of Pu¬
laski to make additions to the town of Somerset; an act to
amend the act entitled an act respecting the conveyance, and
also the division of the real estate ol W iliiam Kennedy, .Ben¬
jamin Beall and Jeanette H. Beall, late of the county of
Campbell ; an act for the benefit of James Williams: an act
for the benefit of the heirs of Christopher Hardwick ; art act.
providing for the navigation of l’ond river; an act ior the
relief of the administrators of licubcn Underwood and the
heirs ( >g-Spencer Gii! ; an act providing for a change of venue
ii, the rase of David H. Campbell; an art to incorporate the
Southern College of Kentucky, the College of Urania, and
the Western College id Kentucky; an act establishing an
academy in the county of Livingtim ; an act fur the henem.
of the infant heirs of James Hughes and Moses Hawkins, de¬
ceased ; an act further to regulate the town of Germantown,
in the comities of Mason and Bracken ; an act for the benefit
of Samuel May ; an act for the benefit of the. sheriff ol Har¬
din county. am! for oilier purposes : an act to incorporate me
Lexington Alhenreum ; an art directing the clerk of Mason
comity to transcribe a certain record book ; an act lor the
benefit of Margaret Ssvim and Jane Berry ; and an act es¬
tablishing and regulating certain towns in this common¬
wealth.

Ordered, That the clerk inform the house of representatives

thereof.

A message from the house of representatives, by

Mr.

Crittenden :

Mr. Speaker —The house of representatives have passed
hills, from the senate of the following titles, to wit : An act
to incorporate a company to improve the na\ igatinn i t Elk-
horn : and an act to amend the act to incorporate the f ay cue

and Madison turnpike company, and for other purposes,. fVith
amendments, in which they request the concurrence of tire
senate.

And then he withdrew.

The said amendments were taken up, severally twice read
and concurred in.

Ordered, That mc. Barry inform the house of representa¬
tives thereof.

A message from the house of representatives, by Mr.
M'Kce :

Mr. Speaker —The house of representatives adhere to their
disagreement to the seventh amendment proposed by the sen¬
ate to a bill entitled “ an act for the appropriation of money,
and they recede from their diagreement to the ninth amend¬
ment.

And then lie withdrew.

The seventh amendment was again read.

Resolved, That the senate recede from said amendment.

Ordered. That Mr. Yancey inform the house of representa¬
tives thereof.

Mr. Mason,-from the majority in a vote taken on a previ ¬
ous day of the session,-rejecting the, nomination of James
Basket!, as sheriff of Nicholas county, moved to re-consider
the vote, and it was resolved in the affirmative.

The nomination was again taken up and read.

Resolved, That thesenate advise and consent to the said
appointment, and that sir. Fleming acquaint the lieutenant
governor therewith.

A message from the house of representatives, by Mr.
tinder wood :

Mr. Speaker —The bouse of representatives have passed a
bill entitled “an act for the benefit of the heirs of Philip
Barbour, deceased, and the administrators of Jennings Mc¬
Daniel's estate;” in which they request- the concurrence of
the senate.

And then he withdrew.

The said hill was taken up and read the first time ; and
the rule being dispensed with, it was read a second arid third
time.

Resolved. That the said bill do pass, and that Mr. Yancey
inform the bouse of representatives thereof.

The senate received information from the lieutenant-gov¬
ernor by sir. Waggoner, that lie did on to-day approve and
sign sundry enrolled bills which originated in the senate,
of the following titles, to wit: An act extending the terms

JOURNAL OF

THE SENATE.

&8S

the Bath circuit court; an act supplemental to an act al¬
tering the mode of taking in lists of taxable property ; an act
to amend an act entitled an act to amend an act concerning
■occupying claimants of land ; an act for the benefit of Law¬
rence Flournoy ; an act for the benefit of Catherine Amis,
Agness Snider, Rebecca Mitchell and John Hole ; an act to
extend the limits of the town of Perryvillc ; an act for the
benefit of the heirs of John Marshall ; an act for the benefit
of Rebecca Gill and others; and an act to incorporate the
Eddyville Steam-Mill Company.

Ordered, That the clerk inform the house of representatives
thereof.

A message from the house of representatives, by Mr.
Lockett :

Mr. Speaker —The house of representatives have passed a
bill entitled “an act establishing the town of f rancesburg,
in Union county in which they request the concurrence of
ithe senate.

And then he withdrew.

The said bill was taken up and read the first time ; and
the rule being dispensed with, it was road a second and third
dime.

Resolved, That the said bill do pass, and that Mr. Yancey
inform the house of representatives thereof.

And then the senate adjourned.

WEDNESDAY, February 10 , 1819.

The senate assembled.

A message from the house of representatives, by Mr.
Coombs :

Mr. Speaker —The house of representatives have passed a
bill from the senate entitled “an act to extend the June term
of the Hardin circuit court, and to alter the time of holding
the June term of the Nelson circuit court,” with amendments,
in which they request the concurrence of the senate.

And then he withdrew.

The said amendments were taken up and severally read-;
and Mr. Crutcher moved to strike out the third amendment,
which was read as follows, to wit :

§4. Re it further enacted, That the law requiring the cir¬
cuit judges to reside within their respective districts, be sus¬
pended for one year, as to the judge of the 6th district.

JOURNAL OF

Anti the question being taken thereon, it was resolved iii
the negative—Yeas 14, nays 16.

The yeas and nays being required thereon by Messrs.
Wickliff and Bledsoe, were as follows, to ’>'it:

Those who voted in the affirmative. are, Jit'. Speaker, and
Messrs. Bartlett, Bridges, Churchill, Crutcher, Oavidge.
Ford, Given, Harrison, Jones, Mason, Wickliff, Wilson and
Worthington,

Those"who voted in the negative, are, Messrs. Barry,
Bledsoe, Davidson, Faulkner. Flensing, Griffin, Hardin,
Johnson, Owens, Slaughter, South, Southgate, Taylor,
Thompson, Wood and Yancey.

Mr. Wickliff then moved to lay the hill, with the amend¬
ments, on the table until the first day ol May next; and the
question being taken thereon, it was resolved in the negative
—Yeas 11, nays 18 .

The yeas and nays being required thereon by Messrs.
Churchill and Crutcher, were as follows, to wit:

Those who voted in the affirmative, are, Messrs. Bartlett,
Churchill, Crutcher, Davidgc. Ford, Given, Griffin, Harri¬
son, Mason, Wickliff and Worthington.

Those who voted in the negative, are, mix Speaker, and
Messrs. Barry,Bledsoe,Bridges, Davidson, Faulkner, Flem¬
ing, Hardin, Johnson, Jones, Owens, Slaughter, South,
Southgate,Taylor, Thompson, W ood and \ ariccy.

The amendments were then concurred in.

Ordered , That nr. Fleming inform the house of represent¬
atives thereof.

A message from the house ol representatives, by sir.
Scott:

Mr. Speaker —The house of representatives adhere to their
amendment, to a bill from the senate, entitled •< an art provid¬
ing for a change of venue in the case of Francis and Sandefur
Betty.”

And then 1 withdrew.

On the motion of sir. Owens,

Ordered, That a message be sent to the house of represent¬
atives, to solicit a conference concerning the disagreement ol
the two houses concerning the said amendment and that Mr.
Owens do carry said message.

A message from the house of representatives, by Mr.
Booker:

Mr. Speaker —The house of representatives have agreed to
have a conference concerning the disagreement ol the two
houses relative to the amendments proposed by the house ot

GKST : "w

THE SENATE.

28 5

„ e „«tnHves to a bill entitled an act providing for a
change of venue >11 the case of Francis and Sandefur Petty,’'
and have appointed a committee on their part.

And then he withdrew.

Whereupon Messrs. Owens, Barry and Churchill were ap¬
pointed a committee on the part ot the senate.

1 Cd after a short time, Mr. Owens, Iron, the committee,
reported that they had come to the following resolution theic-
umm to wit: That the senate recede from their disagreement

r£lento.nt ,,roj»*d l.y tin' l-*»

■ind concur in the same with an amendment, to wit St. ike
out “ Wayne,” wherever it occurs in the bill, and inseit

** Pulaski.” .

Which report was concurred in.

Ordered, That Mr. Owens inform the house of representa-

tn A message from the house of representatives, by Mr.

1 Mv ^Sneaker _'The house of representatives concur in tho

umm d Ss imposed by the senate to a bill entitled « an
act !o regulate the fees of the justices ot the peace ot this
commonwealth.”

And then he withdrew.

A message from the house of representatives, by Mr.

C j£ n £akcr-Tlie house of representatives have passed
a bill entitled “an act further to regulate the proceeding.-,
the Fayette circuit court f in w hich they request the con¬
currence of the senate.

And then he withdrew.

The said hill was read the first time, and ordered to be
laid on the tabic until the 10th day ot June next.

A message from the house ot representatives, bym. Scot.
Mr Sneaker —The house of representatives have passed a
bill from the senate, entitled “ an act authorising an addition
to the town of Burksvillc.

And then lie withdrew.

A message from the house of representatives, h> mi.

^M-.^S'peaker —The house of representatives have passed a
bill entitled •• an act for the benefit ol Vv dliam Littell,
whicb they request the concurrence of the senate.

And then he withdrew. , ,

The said bill was taken up and read the first time ; and he
rule being dispensed with, it was read a second and third time.

Resolved, That the said bill do pass, and that Mr. Vaneev
inform the house of representatives thereof.

Mr. Churchiii, from the majority in a vote, given on yes¬
terday, rejecting a bill to amend an act entitled “ an act ap¬
pointing a sergeant of the court of appeals,” moved to re¬
consider the. vote, and it was resolved in the affirmative.

The said bill was read a second time and amended at the
clerk’s table. The rule being dispensed with, it was read a
third time (having been engrossed).

R solved, That the said bill do pass, and that the title be
“ an act to amend an act appointing a sergeant of the court
<6f appears.”

Ordered, That Mr. Illcdsoo do cany said hill to the house
ol representatives, and request their concurrence.

A message from the house of representatives, by Mr
Booker :

.'L. Speaker I he house of representatives concur in the
amendments proposed by the. senate upon concurring in those
proposed by the house of representatives to a hill entitled “ an
act providing for a change of venue in the case of Francis
and Sandefur Petty.”

And then he w ithdrew.

A message from the house of representatives, bv Mr.
M Fee :

'V/ 1 . Speaker 1 be house of representatives have passed
a lull from the senate, entitled “an act to amend an act ap¬
pointing a sergeant to the court of appeals.”

And then be withdrew.

A message from the house of representatives, by Mr
Johnston :

Mr. Speaker —The house of representatives concur in the
amendments proposed by the senate to a bill entitled an act
concerning certain offences committed by slaves, and .-i v in-
J he. circuit courts jurisdiction of the trial of slaves for canital
ofie.nc.es.”

And then he withdrew.

Messrs. 1 anrey ami Churchill, from the joint committee of
(Uinmaents; reported that they had examined sundry enrol-
cd bl ' ls , of i,ie hulowmg titles, to wit: An act to regulate the
iocs ol the justices of the peace of this commonwealth : an act
auiuorismg an addition to the town of Burksville ; an act to
extend the June term ol the Ilardin circuit court, and to alter
Hie kme <it holding tl.c June term of the ISelson circuit court,
1M,d . 111 ,er purposes : an act providing fur a change of ve-
iiui! in the .case oi Francis and Sandefur Pettv • an act to

JOURNAL OF

the senate.

237

amcml ah ac t appointing a sergeant of the court of appeals ;
kii act for the benefit of the heirs of Philip Barbour, deceas¬
ed, and the administrators of Jennings M’Danicl’s estate ;
an act to amend an act entitled an art to incorporate Ihe Pay¬
ette and Madison turnpike company, and in; other purposes;
an act establishing the town of Francesburg, in Union county;
an act for the appropriation of money; and bad found the
same truly enrolled.

A message from the house of representatives, by Mr.
Johnston :

Mr. Speaker -—The speaker of the house of representatives
having signed sundry enrolled bills, S am instructed to lnj
the same before (lie senate, for the signature of their speaker.

And then he withdrew.

AVhcreunon the speaker signed said bills, and they were
delivered to the joint conimiltce, to he presented to the lieu¬
tenant-governor for his approbation. And after a short time,
m,\ Yancey, from the committee, reported that they had per¬

formed that duty.

The senate received information from the lieutenant gov¬
ernor, by Mr. Secretary Pope, that be did on to-dav approve
and sign sundry enrolled bills which originated in the senate,
of the following titles, to wit: An act to incorporate a com¬
pany to improve the navigation of Plkhorn ; an act to amend
an act entitled an act to incorporate the Fayette and Madi¬
son turnpike company, and for other purposes : an act lor
the. benefit of the heirs and devisees of Andrew Todd ; an act
to extend the June term of the Hardin circuit court, and to
alter the time of holding the June term of (lie Nelson circuit
court, and for other purposes ; an act authorising an addi-:
tion to the town of iim ksville : an act to amend an act enti¬
tled an act appointing a sergeant of the court of appeals; and
an act providing lor a change oi venue in the case ol b rancisj
and Snndefur Petty.

Ordered , That Hie clerk inform the hon.se of representa¬

tives thereof.

They also received a message in writing: and the rule be¬
ing dispensed with, it, wastaken up and read as lollows.towii:

Gentlemen of the Senate,

I nominate for your advice and consent- George Britton
ami Aimer Lewis, assistant judges in and for the county 61
llarlan.

GAL;.. SLAUGHTER.

£88 JOURNAL OF

Resolved, That the senate advise mid consent to the said
appointments.

Ordered, That mi*. Owens acquaint the lieutenant governor
therewith.

Ordered, That a message he sent to the house of repre¬
sentatives, to inform them that the senate have finished their
legislative business, and are now ready to ad journ without
day; and that sir. Fleming do carry said message.

A message from the house of representatives, by Mr.
Baylor :

Mr. Speaker —I am directed by the house of representa¬
tives to inform the senate that they have finished their legis¬
lative business, and are now ready to adjourn without day ;
and have appointed a committee on their part, to co-operate
with one from the senate, to wait on the lieutenant governor,
to know of him whether lie lias any further communications
to make.

And then he withdrew.

"Whereupon Messrs. Fleming, Taylor and Owens were ap¬
pointed a committee on the part of the senate, to wait on the
executive.

The committee retired, and after a short time returned,
when Mr. Fleming reported, that the committee had per¬
formed the duty assigned them, and were informed by thr
lieutenant governor, that having’ from time to time during the
session given his views to the legislature, he had now no fur¬
ther communications to make.

A message from the house of representatives, by Mr.
Hardin :

Mr. Speaker —The house of representatives are now ready
to ad journ : and they propose that the members of the two
houses shall meet in the passage, form a procession and
march out in order.

And then he withdrew.

Whereupon the Speaker having delivered a valedictory ad¬
dress, ad journed the senate without day.

The Speaker having retired, Mr. Owens was requested to •
take the chair, when Mr. Bledsoe offered the following reso¬
lution :

Resolved by the Senate nf Kentucky, That the thanks of this
body arc due to William J3. Blackburn, Esq. for the prompt,
able and impartial manner in which he has discharged the
duties of speaker during the present session.

Which was unanimously adopted.

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Full text of "Journal of the Senate of the Commonwealth of Kentucky, December 7, 1818 - February 10, 1819"

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